TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 1 MOBILE/MANUFACTURED HOME REGULATION

 

 

6-1-1 Definitions

6-1-2 Establishment of Mobile/Manufactured Home Park

6-1-3 Maintenance of Mobile/Manufactured Home Park

6-1-4 Revocation of Permit

6-1-5 Location of Mobile/Manufactured Homes

6-1-6 Emergency and Temporary Parking

6-1-7 Traffic Code Applicable

6-1-8 Building Requirements

 

6-1-1 DEFINITIONS. For use in this chapter the following terms are defined as follows:

 

1. "Manufactured home" is a factory-built structure built under authority of 42 U.S.C. � 5403, is required by federal law to display a seal from the United States department of housing and urban development, and was constructed on or after June 15, 1976. If a manufactured home is placed in a mobile home park, the home must be titled and is subject to the mobile home square foot tax. If a manufactured home is placed outside a mobile home park, the home must be titled and is to be assessed and taxed as real estate.

2. "Mobile home" means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A "mobile home" is not built to a mandatory building code, contains no State or federal seals, and was built before June 15, 1976.

(Code of Iowa, Sec. 435.1)

3. "Mobile/Manufactured home park" shall mean any site, lot, field or tract of land upon which three or more occupied mobile homes, manufactured homes, or modular homes or a combination of any of these homes are placed on developed spaces and operated as a for-profit enterprise with water, sewer or septic, and electrical services available.

(Code of Iowa, Sec. 435.1(4))

 

4. Unless otherwise specified "Park" shall mean mobile/manufactured home park throughout the following text of 6-1-1.

 

 

 

6-1-2 ESTABLISHMENT OF MOBILE/MANUFACTURED HOME PARK. No person shall establish a mobile home park within the City limits unless such person has first:

 

    1. Made written application to the Council for a permit to establish such, giving, among other information, the exact location and size thereof, with a statement showing the water supply and available sanitary facilities for use at such park. The application shall be filed with the Clerk.
    2. Obtained the recommendation of the Council or the County Health Department.
    3. Obtained the approval of the application, be resolution of the Council.

 

If the application is approved and the required permit authorized, then the applicant shall pay a permit fee of five hundred dollars ($500) to the Clerk, who will thereupon issue the desired permit to establish a mobile home park.

 

6-1-3 MAINTENANCE OF PARK. Parks shall be maintained under the management and control of the owner of the premises on which the park is located, or under a duly authorized representative thereof, who will be personally responsible for the maintenance of the park in accordance with all applicable provisions of the Code of Ordinances and such additional regulations as may be approved by the Council.

 

6-1-4 REVOCATION OF PERMIT. A permit to establish a mobile home park may be revoked by the Council at any time for a violation of this Code of Ordinances of a violation of one or more of the rules adopted pursuant to 6-1-3 or for any other conduct therein deemed by the Council or County Health Department as sufficient cause to revoke such permit.

 

6-1-5 LOCATION OF MOBILE/MANUFACTURED HOMES. All mobile/manufactured homes shall be placed or parked in a mobile home park unless permitted otherwise by State law. This section shall not apply to mobile/manufactured homes parked or placed upon private property as part of a dealer's or a manufacturer's stock not used as a place for human habitation.

 

6-1-6 EMERGENCY AND TEMPORARY PARKING. Emergency or temporary parking of mobile/manufactured homes upon the streets, alleys, or highways, or any other public or private place for a period not in excess of seven days shall not constitute a violation of 6-1-5, but such parking shall be subject to any prohibitions or regulations contained in other Ordinances of this City.

 

6-1-7 TRAFFIC CODE APPLICABLE. The owner of a mobile home park may elect to have City traffic provisions of the City Code apply to real property in the mobile home park and any person located on the real property. The owner of a mobile/manufactured home park may waive this right by filing a waiver with the County Recorder.

 

6-1-8 BUILDING REQUIREMENTS. All mobile homes, manufactured homes and factory built homes as defined in the Iowa Code located outside a mobile home park shall comply with National Building Codes and Ordinances relating to residences or homes in the community and shall be affixed to a permanent foundation (except that any home located outside a park on the date this ordinance takes effect shall be exempt from the permanent foundation requirement. The effective date of this Ordinance is _______________).*

 

*Editor's note. The section in parenthesis should be included at the time the Ordinance is first adopted and not during a recodification. In other words, do not add this language to Ordinances already in effect.

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 2 UTILITIES - SANITARY SYSTEM

 

 

6-2-1 Definitions

6-2-2 Use of Public Sewers Required

6-2-3 Private Sewage Disposal

6-2-4 Building Sewers and Connections

6-2-5 Use of the Public Sewers

6-2-6 Protection from Damage

6-2-7 Powers and Authority to Inspectors

      1. Penalties

 

6-2-1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

 

1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 C, expressed in milligrams per liter or parts per million.

2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (l.5 meters) outside the inner face of the building wall.

(IAC 567-69.3(1))

3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.

(IAC 567-69.3(1))

4. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

5. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sales of produce.

6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

7. "Natural Outlet" shall mean any outlet into watercourse, pond, ditch, or other body of surface or groundwater.

8. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

9. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

10. "Properly Shredded Garbage" shall mean the waste from the preparation, cooking, dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (l/2) inch (l.27 centimeters) in any dimension.

11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

13. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.

15. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

16. "Sewer" shall mean a pipe or conduit for carrying sewage.

17. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.

18. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

19. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

20. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.

 

 

 

 

 

6-2-2 USE OF PUBLIC SEWERS REQUIRED.

 

    1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.
    2. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.
    3. (Code of Iowa, Sec. 364.12(3)(f))

    4. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
    5. It shall be unlawful to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the sewer system.
    6. (Code of Iowa, Sec. 716.1)

    7. It shall be unlawful to connect a roof downspout, exterior foundation drain, areaway drain, or other source of surface run-off or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
    8. It shall be unlawful to open or enter any manhole of the sewer system, except by authority of the City Designee.
    9. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at such owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, provided that said public sewer is within one hundred fifty (150) feet of the property line. Billing for sanitary sewer service shall begin the date of official notice to connect to the public sewer. This provision shall not apply to any properly working private system that was in place and in operation as of November 1, 1991, within the corporate limits of the City.

(Code of Iowa, Sec. 364.12(3)(f))

(IAC 567-69.3(3))

 

 

 

 

6-2-3 PRIVATE SEWAGE DISPOSAL.

 

1. Where a public sanitary or combined sewer is not available under the provision of Section 6-2-2(4), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

2. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Des Moines County Sanitation Engineer. The application for such permit shall be made on a form furnished by the County Health Department, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the County.

3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the County. The County Sanitation Engineer shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the County when the work is ready for final inspection, and before any underground portions are covered.

4. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Natural Resources of the State of Iowa and the County Health Department.

5. At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in 6-2-2(4), a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material per Iowa Department of Natural Resources (IDNR) requirements.

(Code of Iowa, Sec. 364.12(3)(f))

6. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer.

8. When a public sewer becomes available, the building sewer shall be connected at the building owner's expense, to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled in accordance with the Iowa Code.

(Code of Iowa, Sec. 364.12(3)(f))

    1. It shall be unlawful for any person to place any effluent or waste from cesspools, septic tanks or privy vaults in any other location in the City except in such location as may be designated by the City Council. The rate or charge for receiving such waste shall be determined by resolution by the Council.
    2. Before commencing the constriction of a private sewage system, the owner shall first obtain a written permit from the County Board of Health and the Department of Natural Resources.

 

6-2-4 BUILDING SEWERS AND CONNECTIONS.

 

1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Clerk in accordance with the following:

    1. Application. Any person desiring to make a connection with the sewer system shall first file with the Clerk an application therefore, on blanks furnished by the City, setting forth the location and description of the property to be connected with the sewer system and for what purpose the sewer is to be used.
    2. Plans and Specifications. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the City Council or City Designee.
    3. Permit and Assessment Fees. The fee for obtaining a permit to connect to a public sewer shall be determined by the Clerk based upon the following:
      1. Inspection fee - $80.00
      2. Reinspection fee - $50.00
      3. Assessment fee – (as set by Council)

 

2. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. The permit for connection to the public sewer from a building existing when the public sewer system construction is accepted by the Council shall be $20.00.

Work under any permit must begin within ninety (90) days after it is issued or the permit will be voided and the inspection fee forfeited. The permit shall be returned within thirty (30) days after completion showing the work done. All permits to connect with sewer shall be given upon the express condition that the Council may at the time before the work is completed revoke and annul the same and no party interested shall have a right to claim damages in consequence of any such permits being revoked or annulled.

Any connection to a public sewer shall be made by a plumber approved by the City. The City Council or City Designee shall have the power to suspend the approval of any plumber for violation of any of the provisions of this chapter; a suspension, unless revoked, shall continue until the next regular meeting of the Council. The City Designee shall notify the plumber immediately by personal written notice of the suspension, the reasons for the suspension, and the time and place of the Council meeting at which the plumber will be granted a hearing. At this Council meeting the City Council shall make a written report stating the reasons for the suspension, and the Council, after fair hearing, shall affirm or revoke the suspension or take any further action that is necessary and proper. The plumber shall provide proof of insurance and a surety bond in the minimum sum of five thousand dollars ($5,000.00) secured by a responsible surety bonding company authorized to operate within the State, conditioned to indemnify and save the City harmless against all losses or damages that may arise from or be occasioned by the making of connections with the public sewers or excavations therefore or by carelessness, negligence or unskillfulness in making the same. Such bond shall remain in force and must be executed for a period of two (2) years except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration. In lieu of a surety bond, a cash deposit of one thousand dollars ($1,000) may be filed with the City.

3. All cost and expense incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

4. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

5. Old building sewers may be used in connection with new building sewers only when they are found, upon examination and testing by a qualified plumber, to meet all requirements of this Ordinance. The City Council may require that the old sewer be excavated for the purpose of facilitating inspection. No old cesspool or septic tank shall be connected to any portion of a building sewer that is also connected to the public sewer. Cesspools and septic tanks shall be located, and drained in a manner approved by the Des Moines County Sanitation Engineer and removed or filled with sand, crushed rock or any other solid material approved by the engineer, except as exempted by the engineer.

6. The building sewer shall be constructed in accordance with applicable portions of the last published (State Plumbing Code of Iowa), applicable specifications of the American Society for Testing and Materials (ASTM) and applicable portions of the Water Pollution Control Federation (WPCF) Manual of Practice No. 9."

a. Each connection to the public sewer shall be made to the fittings designated for that property. If a fitting in the public sewer is not available for the designated property, the connection shall then be made under the direct supervision of the City Designee. Connections to the public sewer not made to an existing wye or tee shall be made by a hole cutter or careful chisel cutting. The connection shall be rendered water and gas tight, by use of rubber gaskets. The building sewer shall not protrude into the public sewer.

b. All building sewers shall be constructed of the following materials conforming to the indicated standards:

Vitrified Clay Pipe VCP

 

(1) Pipe and Fittings - ASTM C-700 "Standard Specification or Vitrified Clay Pipe, Extra Strength, Standard Strength and Perforated."

(2) Coupling and Joints - ASTM C-425 "Standard Specification for Compression Joints for Vitrified Clay Pipe and Fittings".

Extra Heavy Cast Iron Soil Pipe

(1) Pipe and Fittings - ASTM A-74 "Standard Specification for Cast Iron Soil Pipe and Fittings."

(2) Joints - ASTM C-564 "Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings."

Polyvinyl Chloride (PVC)

Polyvinyl Chloride (PVC) and joints shall be installed according to the manufacturers' recommendations and shall conform to:

(1) Pipe - A.S.T.M. D-3034, "Type P.S.M. Poly (PVC) and Fittings."

Minimum wall thickness:

4" - 0.125"

6" - 0.180"

8" - 0.240"

10" - 0.300"

(2) Joints - A.S.T.M. D-1869, A.S.T.M. D-1312, "Flexible Elastomeric Seals."

c. No building sewer for residential or commercial buildings shall be less than four inches in diameter. No building sewer for industries or multiple dwellings shall be less than six inches in diameter.

d. Unless otherwise authorized, all building sewers shall have a grade of not less than one - eighth (1/8) inch per foot. A grade of one-fourth (1/4) inch per foot shall be used wherever practical.

e. All excavation shall be open trench work unless authorized by the City Designee. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good firm earth, the earth shall be pared or molded to give a full support to the lower quadrant of each pipe. Bell holes shall be dug. Where the floor of the trench is of hard or rocky material, the trench shall be excavated to four inches below the pipe and brought back to the proper grade with gravel, course sand or similar material so as to provide a firm foundation and uniform support for the building sewer line. Backfilling shall be placed in layers and solidly tamped or packed up to two feet above the pipe. Back-filling shall not be done until final inspection is made by the City Designee. Building sewers shall be laid straight at uniform grade between connections or fittings.

f. Cleanouts shall be provided for each change in direction or grade if the change exceeds 45 degrees and at least every 100 feet.

7. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the City Designee. Pipe laying and backfill shall be performed in accordance with A.S.T.M. Specification (Designation C12). No backfill shall be placed until the work has been inspected by the City Designee or representative. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

8. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

9. Connection of the building sewer into the public sewer shall be made at the "y" branch, if such branch is available' at a suitable location. If no properly located "y" branch is available, a "Y" saddle shall be installed at the location specified by the City Designee. The public sewer shall be tapped with a tapping machine and a saddle appropriate to the type of public sewer shall be glued and attached with stainless steel clamps to the sewer. At no time shall a building sewer be constructed so as to enter a manhole unless special written permission is received from the City Designee and in accordance with the City Council’s direction if such connection is approved.

10. Any owner of property located within one hundred (100) feet of the City's public sanitary sewer may request the City to install a wye in its main sanitary sewer lines and extend the line to such owner's property line for use for some future connection. Such owner shall make such request to the City in writing at least ninety (90) days prior to the time the main public sewer line is constructed past the owner's property. The request shall be made in writing upon forms provided by the City and the owner shall pay a sum to be established by the Council. If such owner or such owner's assigns thereafter apply for a permit under this chapter to connect to the public sewer line, such owner or assigns shall be required to pay only the inspection fee and any required reinspection fee.

11. The connection of the building sewer into the public sewer shall conform to the requirements of the Plumbing Code or other applicable rules and regulations of the City and State, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the City Designee before installation.

12. Each and every part of the building sewer shall be inspected and approved by the City Designee before being concealed or back-filled. The applicant for the building sewer permit shall notify the City Designee when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City Designee or representative.

13. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

14. The City shall, in no event, be held responsible for claims made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.

15. The premises receiving sanitary sewer service, shall at all reasonable hours, be subject to inspection by duly authorized personnel of the City.

    1. The Owner of the property served by a building sewer shall be responsible for the operation, maintenance, repair, blockage, surface replacement, and any damage resulting from operation, maintenance repair and blockage of said building sewer, from the point of connection with the building drain to the Public Sewer.
    2. Construction or maintenance of building sewer lines whether located upon the private property of any owner or in the public right-of-way, which construction or maintenance is in violation of any of the requirements of this chapter, shall be corrected, at the owner's expense, within thirty (30) days after date of official notice from the Council of such violation. If not made within such time the Council shall, in addition to the other penalties herein provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes.

(Code of Iowa, Sec. 364.12(3))

 

 

 

6-2-5 USE OF THE PUBLIC SEWERS.

 

1. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Applications may be cancelled and/or sewer service discontinued by the City for any violation of any rule, regulation or condition of service, and especially for any of the following reasons:

a. Misrepresented in the application as to the property or fixtures to be serviced by the sanitary sewer system.

b. Non-payment of bills.

c. Improper or imperfect service pipes and fixtures, or failure to keep same in suitable state of repair.

2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City Designee. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City Designee, to a storm sewer, combined sewer, or natural outlet.

3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

a. Any oils, gasolines, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

c. Any waters or wastes having a ph lower than 6.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

d. Solid or viscous substances in quantities of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

e. Any water or wastes having (1) a 5-day bio-chemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight, or suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the City Designee. Where necessary in the opinion of the City Designee, the owner shall provide at the owner's expense, such preliminary treatment as may be necessary to (l) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City Council and no construction of such facilities shall be commenced until said approvals are obtained in writing.

4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the City Designee that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the City Designee will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

a. Any liquid or vapor having a temperature higher than one hundred fifty (150) F (65 C).

b. Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150 F) (0 and 65 C).

c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the City Designee.

d. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

e. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the City Designee for such materials.

f. Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such concentrations exceeding limits which may be established by the City Designee as necessary after treatment of the composite sewage, to meet with requirements of the State, Federal, or other public agencies with jurisdiction for such discharge to the receiving waters.

g. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the City Designee in compliance with applicable State or Federal regulations.

h. Any waters or wastes having a pH in excess of 9.5.

i. Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4) Unusual volume of flow or concentration of waters constituting "slugs" as defined herein.

j. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

    1. Any noxious or malodorous gas or other substance which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.
    2. Any waters, wastes, materials or substances which react with water or wastes in the sewer system to release noxious gases, develop color of undesirable intensity, form suspended solids in objectionable concentration or create any other condition deleterious to structures and treatment processes.

 

5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 6-2-5(4), and which in the judgment of the City Designee, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the City Designee may:

a. Reject the wastes,

b. Require pretreatment to an acceptable condition for discharge to the public sewers.

c. Require control over the quantities and rates of discharge, and/or

d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provision of 6-2-5(10) of this article.

If the City Designee permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the City Designee, and subject to the requirements of all applicable codes, Ordinances, and laws. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense.

6. Grease, oil, and sand interceptors shall be provided by filling stations, automobile wash racks, garages, and other facilities, when, in the opinion of the City Designee, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. When required, such interceptors shall be installed in accordance with the following:

    1. All interceptors shall be of a type and capacity as provided by the Iowa Public Health Bulletin and Division 4 of the State Building Code, to be approved by the City Designee, and shall be located so as to be readily and easily accessible for cleaning and inspection.
    2. The interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers that shall be gastight and watertight.
    3. All interceptors of grease, oil, sludge and sand shall be maintained by the owner at the owner’s expense in continuously efficient operations at all times.

 

7. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

8. When required by the City Designee, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the City Council or City Designee. The manhole shall be installed by the owner at the owner's expense, and shall be maintained by the owner so as to be safe and accessible at all times.

9. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composite of all outfalls where pH's are determined from periodic grab samples).

10. Special permits for discharging surface waters to a public sanitary sewer may be issued by the Council upon recommendation of the City Designee where such discharge is deemed necessary or advisable for purposes of flushing, but any permit so issued shall be subject to revocation at any time when deemed to the best interests of the sewer system.

10. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment, therefore, by the industrial concern.

6-2-6 PROTECTION FROM DAMAGE.

 

1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

(Code of Iowa, Sec. 716.1)

 

6-2-7 POWERS AND AUTHORITY TO INSPECTORS.

 

1. The City Designee and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. The City Designee or the representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

2. While performing the necessary work on private properties referred to in 6-2-7(1), the City Designee or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 6-2-5(8).

3. The City Designee and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

6-2-8 PENALTIES.

 

1. Any person found to be violating any provision of this Ordinance except Section 6-2-6 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

2 Any person violating any of the provisions of this Ordinance is liable to the City for any expense, loss, or damage occasioned the City by reason of such violations.

 

Footnote: See 384.38(3) concerning establishing districts and connection fees (H.F. 2343, 1994 legislative session).

 

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 3 UTILITIES - WATER SYSTEM

 

 

6-3-1 Definitions

6-3-2 Enforcement

6-3-3 Adoption of State Plumbing Code

6-3-4 Plumber Required

      1. Mandatory Connections
      2. Abandoned Connections

6-3-7 Permit

6-3-8 Fee for Permit and Main Connection Charge

6-3-9 Water Supply Control

6-3-10 Making the Connection

      1. Excavations
      2. Responsibility for Water Service Pipe
      3. Failure to Maintain

6-3-14 Inspection and Approval

6-3-15 Completion by the City

6-3-16 Shutting of Water Supply

6-3-17 Operation of Curb Stop

6-3-18 Building and Construction

6-3-19 Water Line Extensions

6-3-20 Boilers and Pressure Vessels

6-3-21 Water Use Metered

6-3-22 Fire Sprinkler Systems- Exception

6-3-23 Location of Meters

6-3-24 Meter Setting

6-3-25 Meter Costs

6-3-26 Meter Repairs

6-3-27 Installation Fee

6-3-28 Meter Accuracy and Test

 

6-3-1 DEFINITIONS. The following terms are defined for use in the chapters in this Code of Ordinances pertaining to the Water Service System:

1. Customer. In addition to any person receiving water service from the City the owner of the property served, and as between such parties, the duties, responsibilities, liabilities, and obligations hereinafter imposed shall be joint and several.

2. Water Main. A water supply pipe provided for public or community use.

3. Water Service Pipe. The pipe from the water main to the building served.

4. "Water System" or "Water Works". All public facilities for securing, collecting, storing, pumping, treating, and distributing water.

6-3-2 ENFORCEMENT. The City Designee shall supervise the installation of water service pipes and their connections to the water main and enforce all regulations pertaining to water services in this City in accordance with this chapter. This chapter shall apply to all replacements of existing service pipes as well as to new ones. The City Council shall make such rules, not in conflict with the provisions of this chapter, as needed for the detailed operation of the waterworks. In the event of an emergency the City Designee may make temporary rules for the protection of the system until due consideration by the City Council may be had.

(Code of Iowa, Sec. 372.13(4))

 

6-3-3 ADOPTION OF STATE PLUMBING CODE. The installation of any water-service pipe and any connection with the municipal water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code as amended and as published by the Iowa Department of Public Health, which is hereby adopted. An official copy of the State Plumbing Code as adopted and a certified copy of this Ordinance are on file in the office of the City Clerk for public inspection.

 

6-3-4 PLUMBER REQUIRED. All installations of water service pipes and connections to the municipal water system shall be made by a plumber approved by the City.

 

6-3-5 MANDATORY CONNECTIONS. All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water supply.

 

6-3-6 ABANDONED CONNECTIONS. When an existing water service is abandoned or a service is renewed with a new tap in the main, all abandoned connections with the mains shall be turned off at the corporation cock and made absolutely watertight.

 

6-3-7 PERMIT. Before any person, firm, corporation or other association shall make a connection with the public water system; a written permit must be obtained from the City Clerk. The application for the permit shall be filed with the City Clerk on blanks furnished by the City Clerk. The application shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water. No different or additional uses shall be allowed except by written permission of the City Clerk. The City Clerk shall issue the permit, bearing the City Designee’s signature and stating the time of issuance, if the proposed work meets all the requirements of this Ordinance and if all fees required under this Ordinance have been paid. Work under any permit must be begun within six (6) months after it is issued. The City Designee may at any time revoke the permit for any violation of this Ordinance and require that the work be stopped. The owner or plumber may appeal such action in the manner provided in Section 6-3-4 of this Ordinance.

(Code of Iowa, Sec. 372.13(4))

 

6-3-8 FEE FOR PERMIT AND MAIN CONNECTION CHARGE. There are two (2) classes of permit applications; one for residential service and the second for commercial and industrial service. A permit and inspection fee of forty-five dollars ($45) for a residential service connection and fifty-five dollars ($55) for a commercial or industrial service connection shall be paid to the City at the time the permit application is filed which shall be applied to the connection charge. In addition, there shall be a connection charge in the amount of five hundred dollars ($500) paid before issuance of a permit to reimburse the City for costs borne by the City in making water service available to the property served. (See footnote at end of chapter)

(Code of Iowa, 384.84)

 

6-3-9 WATER SUPPLY CONTROL. The plumber who makes the connection to the municipal water system shall install a main shut-off valve of the inverted key type on the water-service pipe near the curb with a suitable lock of a pattern approved by the City Designee. The shut-off valve shall be covered with a heavy metal cover having the letter "W" marked thereon, visible and even with the pavement or ground.

 

The plumber also shall install a shut-off valve and waste cock on every service pipe inside the building near the entrance of the water-service pipe into the building; this must be located so that the water can be shut off conveniently and the pipes drained. Where one service pipe is installed to supply more than one customer, there shall be separate shut-off valves inside the building for each customer so that service to one customer can be shut off without interfering with service to the others.

 

6-3-10 MAKING THE CONNECTION. Any connection with the municipal water system must be made under the direct supervision of the City Designee or the City Designee's authorized assistant.

 

1. Independent Services. No more than one house or premises shall be supplied from one tap.

2. Sizes and Location of Taps. All mains six (6) inches or less in diameter shall receive no larger than a three-fourths (3/4) inch tap. All mains of over six (6) inches in diameter shall receive no larger than a one inch tap. Where a larger connection than a one inch tap is desired, two (2) or more small taps or saddles shall be used, as the City Designee shall order. All taps in the water main must be at least (12) inches apart and on the side and near the top and not in any case within 18 inches of the hub.

3. Corporation Cock. A brass corporation cock, of the pattern and weight approved by the City Designee, shall be inserted in every tap in the main. The corporation cock in the main shall in no case be smaller than one size smaller than the service pipe.

4. Location Record. An accurate and dimensional sketch showing the exact location of the tap shall be filed, by the plumber, with the City Clerk in such form as the City Clerk shall require (preferably with GIS coordinates).

Water service pipes from the main to the meter setting shall be standard weight type K copper, one hundred forty (140) pound test P.V.C. Pipe must be laid sufficiently waving, and to such depth, as to prevent rupture from settlement or freezing.

6-3-11 EXCAVATIONS. Excavations to do work under this Ordinance shall be dug so as to occasion the least possible inconvenience to the public and to provide for the passage of water along the gutter. All such excavations shall have proper barricades at all times, and warning lights placed from one-half hour before sunset to one-half hour after sunrise. In refilling the excavation the earth must be laid in layers and each layer tamped thoroughly to prevent settlement, and this work, and any street, sidewalk, pavement or other public property that is affected, must be restored to as good a condition as it was previous to the excavation. The plumber must maintain the affected area in good repair to the satisfaction of the City Council for three months after refilling. All water service pipes must be laid so as to prevent rupture by settlement of freezing. No excavation shall be made within six (6) feet of any laid water or sewer pipe while the ground is frozen, and no water or sewer pipe shall be exposed to frost, except by special written permission of the City Designee.

6-3-12 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs and expenses incident to the installation, connection and maintenance of the water service pipe from the curb stop to the building served shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of said water service pipe.

6-3-13 FAILURE TO MAINTAIN. When any portion of the water service pipe which is the responsibility of the property owner becomes defective or creates a nuisance and the owner fails to correct such nuisance the City may do so and assess the costs thereof to the property.

(Code of Iowa, Sec. 364.12(3a & h))

 

6-3-14 INSPECTION AND APPROVAL. All water-service pipes and their connections to the municipal water system must be inspected and approved in writing by the City Designee before they are covered, and the City Designee shall keep a record of such approvals. If the City Designee refuses to approve the work, the plumber or owner must proceed immediately to correct the work so that it will meet with the City Designee's approval. Every person who uses or intends to use the municipal water system shall permit the City Designee or the City Designee's authorized assistants to enter the premises to inspect and make necessary alterations or repairs at all reasonable hours and on proof of authority.

(Code of Iowa, Sec. 372.13(4))

 

6-3-15 COMPLETION BY THE CITY. Should any excavation be left open or partly refilled for twenty-four (24) hours after the water-service pipe is installed and connected with the municipal water system, or should the work be improperly done, the City Designee shall have the right to finish or correct the work, and the City Council shall assess the costs to the property owner or the plumber. If the plumber is assessed, the plumber must pay the costs before the plumber can receive another permit, and the plumber's bond required by the Plumbing Ordinance shall be security for the assessment. If the property owner is assessed, such assessment shall be collected with and in the same manner as general property taxes.

(Code of Iowa, Sec. 364.12(3)(h))

 

6-3-16 SHUTTING OFF WATER SUPPLY. After following the procedures set out in Section 6-5-9, the City Designee may shut off the supply of water to any customer because of any substantial violation of this chapter, or valid regulation under Section 6-3-2 that is not being contested in good faith. The supply shall not be turned on again until all violations have been corrected and the City Designee or authorized assistant has ordered the water to be turned on.

 

6-3-17 OPERATION OF CURB STOP. It shall be unlawful for any person except the water City Designee or authorized assistant to turn water on at the curb stop.

 

6-3-18 BUILDING AND CONSTRUCTION. Water for building or construction purposes will be furnished by meter measurement, only after suitable deposit has been made, the minimum deposit being one hundred dollars ($100), the amount to be determined by the City depending upon the size of the construction work contemplated; and all water for building or construction purposes, as set forth in the permit, must pass through one and the same meter. Water so supplied shall be discharged through a hose or pipe directly upon material to be wet, or into a barrel or other container and in no case upon the ground or into or through a ditch or trench and all use of water by other than applicant or use of water for any purpose or upon any premises not so stated or described in the application must be prevented by the applicant, or water service may be discontinued without notice.

 

6-3-19 WATERLINE EXTENSIONS. The City will construct extensions to its water lines to points within its service area but the City shall not be required to make such installations unless the customer pays to the City the entire cost of the installation and subject to the following provisions:

 

1. Contract. All line extensions shall be evidenced by a contract signed by the City and the person advancing funds for said extension. Each contract shall be null and void unless approved by the Farmers Home Administration and other governing bodies.

2. Calculation of Refunds. If refund of the advance is to be made, the following method shall apply: twenty percent (20%) of the total gross revenue of water sales per year for each service connected to the new extension described in the agreement, for a period not to exceed five (5) years, provided that the aggregate payments do not exceed the total amount deposited.

 

3. Refund Not Available. No refund shall be made from any revenue received from any lines leading up to or beyond the particular line extension covered by contract.

4. Rights of City. All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the City and such extension shall be the property of the City and no other person shall have any right, title or interest therein.

6-3-20 BOILERS AND PRESSURE VESSELS. Customers having boilers and/or pressure vessels receiving a supply of water from the City must have a back flow preventor on the water supply line and a vacuum valve on the steam line to prevent collapse in case the water supply from the City is discontinued or interrupted for any reason, with or without notice.

 

6-3-21 WATER USE METERED. All water furnished customers shall be measured through meters furnished by the city and installed by the City.

(Code of Iowa, Sec. 384.84)

 

6-3-22 FIRE SPRINKLER SYSTEMS EXCEPTION. Fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the City Designee. No open connection can be incorporated in the system, and there shall be a main control valve at the entrance to the building which must be sealed open along with a back flow prevention valve.

 

6-3-23 LOCATION OF METERS. All meters shall be so located that they are easily accessible to meter readers and repairmen and protected from freezing.

 

6-3-24 METER SETTING. The property owner shall have provided all necessary piping and fittings for proper setting of the meter including a globe type valve on the discharge side of the meter. Meter pits may be used only upon approval of the City Designee and of a design and construction approved by City Designee.

 

6-3-25 METER COSTS. The full cost of any meter larger than that required for a single-family residence shall be paid to the City by the property owner or customer prior to the installation of any such meter by the City, or, at the sole option of the City, the property owner or customer may be required to purchase and install such meter in accordance with requirements established by the City.

 

6-3-26 METER REPAIRS. Whenever a water meter owned by the City is found to be out of order the City Designee shall have it repaired. If it is found that damage to the meter has occurred due to the carelessness or negligence of the customer or property owner, or the City does not own the meter, then the property owner shall be liable for the cost of repairs.

 

6-3-27 INSTALLATION FEE. The property owner shall pay an installation (deposit) fee of forty dollars ($40) for each new installation of a water meter to a three-fourths inch (3/4") line. Such meter is to remain the property of the City.

 

6-3-28 METER ACCURACY AND TEST. All water shall be supplied through meters that accurately measure the amount of water supplied to any building. The City Designee or the City Designee's assistant shall make a test of the accuracy of any water meter at any time when requested in writing. If it is found that such meter overruns to the extent of 2 percent or more, the cost of the tests shall be paid by the City and a refund shall be made to the customer for overcharges collected since the last known date of accuracy but not for longer than 12 months. If the meter is found to be accurate or slow less than 2 percent, the patron shall pay the reasonable costs of the tests and the cost of city employees time expended.

 

Compulsory Check. Every meter shall be removed from service at least once each 10 years and thoroughly tested for accuracy. Any meter found inaccurate beyond a tolerance of 2 percent shall not be returned to service until properly adjusted.

 

 

Footnote: See 384.38(3) concerning establishing districts and connection fees (H.F. 2343, 1994 legislative session).

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 4 UTILITIES - REFUSE COLLECTION

 

 

6-4-1 Purpose

6-4-2 Definitions

6-4-3 Duty to Provide Cans

6-4-4 Administration

6-4-5 Storage

6-4-6 Collections

      1.  

6-4-7 Necessity of Permits

6-4-8 Burning of Refuse

6-4-9 Refuse Other Than Garbage

      1. Sanitary Landfill
      2. Sanitary Disposal Required
      3. Health Hazard
      4. Fire Hazard
      5. Open Burning Restricted
      6. Littering Prohibited
      7. Open Dumping Prohibited
      8. Toxic and Hazardous Waste
      9. Waste Storage Containers
      10. Prohibited Practices
      11. Sanitary Disposal Project Designated
      12. Collection Service
      13. Collection Vehicles
      14. Loading
      15. Separation of Yard Waste Required
      16. Right of Entry

 

6-4-1 PURPOSE. The purpose of the sections in this Code of Ordinances pertaining to Refuse is to provide for the sanitary storage, collection and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste.

 

6-4-2 DEFINITIONS. For use in this chapter, the following terms are defined as follows:

 

    1. Approved Incinerator. Equipment or facilities for the enclosed burning of refuse having a stack adequate to maintain a draft sufficient for efficient combustion and equipped with a screen sufficiently fine to prevent ejection of particles of burning materials as acceptable to the Environmental Protection Commission (EPC) and permitted by the EPC.
    2. Back Yard Burning. The disposal of residential waste by open burning on the premises of the property where such waste is generated.

(IAC, 567-20.2(455B))

3. Can. A container for the storage of garbage or rubbish which is:

a. Provided with a handle and tight fitting cover.

b. Substantially made of galvanized iron or other non-rusting material.

c. Water-tight.

d. Of a size that may be conveniently handled by the collector.

4. Discard. To place, cause to be placed, throw, deposit or drop.

(Code of Iowa, Sec. 455B.361)

5. Executive Director. The Executive Director of the State Department of Natural Resources or any designee.

(Code of Iowa, Sec. 455B.101)

6. Garbage. Includes all animal, fruit, vegetable, and other refuse resulting from the preparation of food and drink.

7. Landscape Waste. Any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

8. Litter. Any garbage, rubbish, trash, refuse, waste materials, or debris.

(Code of Iowa, Sec. 455B.361 (2))

9. Open Burning. Any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

10. Open Dumping. The depositing of solid waste on the surface of the ground or into body or stream of water.

11. Owner. In addition to the record titleholder any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

12. Refuse. Includes all garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health or detrimental to the best interests of the community except dead animals not killed for food.

13. Residential Waste. Any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires and trade waste.

14. Rubbish. Includes all other refuse not falling within the term "garbage" except those objects too large to be placed in cans.

15. Sanitary Disposal. A method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.

16. Sanitary Disposal Project. All facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the executive director.

(Code of Iowa, Sec. 455B.301(18))

17. Solid Waste. Garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by subsection one of Section 321.1 of the Code of Iowa.

(Code of Iowa, Sec. 455B.301(20))

18. Toxic and Hazardous Waste. Waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.

(IAC, 567-100.2)

 

19. Yard Waste. Any debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include tree stumps.

6-4-3 DUTY TO PROVIDE CANS. Each person shall provide cans or approved containers for the storage of garbage and rubbish accumulating on the premises owned or occupied by such owner. Such cans or containers shall be kept covered and reasonably clean at all times. They shall be in a position readily accessible to the collector.

 

It shall be the duty of the owner of each household residing in a building arranged for more than one family unit to provide proper cans for garbage and rubbish.

 

6-4-4 ADMINISTRATION. Administration of this chapter shall be by the City Designee of refuse, or such employee designated by the City Designee.

(Code of Iowa, Sec. 372.13(4))

 

6-4-5 STORAGE. All garbage must be drained and that accumulated from dwellings must be wrapped in paper or plastic and placed in a can. All rubbish shall be placed in a can except as otherwise provided.

 

6-4-6 COLLECTIONS. All garbage and rubbish shall be taken from dwellings at least once each week and from public establishments as frequently as the City Council may require.

 

All cans for garbage and rubbish shall be kept as provided in the rules and regulations for collection of refuse.

 

6-4-7 NECESSITY OF PERMIT. No person shall collect garbage or rubbish except such person's unless otherwise by contract or permit approved by the City Council and issued by the Clerk.

 

In the event any business, firm, or corporation may elect to dispose of refuse or waste matter as may accumulate on any premises, property, or location, the same may be done provided that such disposal and transporting of any refuse or waste matter complies with the Iowa Administrative Code (IAC) and the provisions of this chapter, is approved by the City and a permit issued by the Clerk.

 

6-4-8 BURNING OF REFUSE.

 

1. It shall be unlawful for any person to burn or incinerate any garbage, rubbish, or refuse within the City except by permission of the City Council.

2. This section shall not apply to any incinerator operated under a license granted by the IDNR or any burning conducted under the direction of the fire department for training purposes.

3. This section shall not apply to outdoor cooking appliances used for residential recreational purposes using commonly acceptable fuels.

6-4-9 REFUSE OTHER THAN GARBAGE. Each person shall dispose of all refuse other than garbage and rubbish accumulation on the premises such person owns or occupies before it becomes a nuisance. If it does become a nuisance, it shall be subject to provisions of Title III, Chapter 2 of this Code.

 

6-4-10 SANITARY LANDFILL. The City Council by resolution may designate a sanitary landfill and establish reasonable rules and regulations necessary to control its use by the public and make charge for the use thereof.

 

6-4-11 SANITARY DISPOSAL REQUIRED. It shall be the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Title III Chapter 2 or by initiating proper action in district court.

(Code of Iowa, Ch. 657)

 

6-4-12 HEALTH HAZARD. It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitation hazard.

 

6-4-13 FIRE HAZARD. It shall be unlawful for any person to permit to accumulate quantities of solid waste within or close to any building, unless the same is stored in containers in such a manner as not to create a fire hazard.

 

6-4-14 OPEN BURNING PROHIBITED. No person shall allow, cause or permit open burning of combustible materials, except that the following shall be permitted:

(IAC, 567-23.2(455B))

 

    1. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.
    2. (IAC, 567-23.2(3a))

    3. Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-operated burning site, provided such burning is conducted in compliance with the rules established by the State Department of Natural Resources.
    4. (IAC, 23.2(3b))

    5. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.
    6. (IAC, 567-23.2(3c))

    7. Landscape Waste. The disposal by open burning of landscape waste originating on the premises. However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth (�) mile from any inhabited building. Rubber tires shall not be used to ignite landscape waste.
    8. (IAC, 567-23.2(3d))

    9. Recreational Fires. Open fires for cooking, heating, recreation and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources.
    10. (IAC, 567-23.2(3e))

    11. Back Yard Burning. Back yard burning of residential waste at dwellings of four-family units or less.
    12. (IAC, 567-23.2(3f))

      a. No burning on public streets.

    13. Training Fires. Fires set for the purpose of bona fide training for public or industrial employees in fire fighting methods, provided that the Executive Director receives notice in writing at least one week before such action commences.
    14. (IAC, 567-23.2(3g))

    15. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Executive Director.

(IAC, 567-23.2(2))

 

6-4-15 LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.

(Code of Iowa, Sec. 455B.363)

 

6-4-16 OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the open dumping or depositing of any solid waste at any place other than a sanitary disposal project approved by the Executive Director, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Executive Director. However, this section does not prohibit the use of dirt, stone, brick or similar inorganic material for fill, landscaping, excavation, or grading at places other than a sanitary disposal project.

(Code of Iowa, Sec. 455B.307)

 

6-4-17 TOXIC AND HAZARDOUS WASTE. The collection, storage and disposal of toxic and hazardous waste is subject to the IAC and Code of Federal Regulations, Title 40.

 

6-4-18 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:

 

    1. Containers Specification. Waste storage containers shall comply with the following specifications:
    2. a. Residential. Residential waste containers shall be of not less than twenty (20) gallons nor more than thirty-five (35) gallons in nominal capacity; shall be leak proof, water proof and fitted with a fly tight lid which shall be kept in place except when depositing or removing the contents thereof. They shall have handles, bails or other suitable lifting devices or features and be of a type originally manufactured for the storage of residential waste with tapered sides for easy emptying. They shall be of light weight and sturdy construction with the total weight of any individual container and contents not exceeding seventy-five (75) pounds. Galvanized metal containers, rubber or fiberglass containers and plastic containers which do not become brittle in cold weather may be used. Disposable containers or other containers as approved by the City may also be used.

      b. Commercial. Every person owning, managing, operating, leasing or renting any commercial premise where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers as supplied by a refuse collection company.

    3. Location of Containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel.
    4. Nonconforming Containers. Solid waste containers which are not adequate will be collected together with their contents and disposed of after due notice to the owner.

 

6-4-19 PROHIBITED PRACTICES. It shall be unlawful for any person to:

 

    1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.
    2. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.
    3. Radioactive Material. Dispose of radioactive material in a sanitary disposal project. Luminous timepieces are exempt.
    4. Incinerators. Burn rubbish or garbage except in IDNR approved incinerators so maintained and operated as to prevent the emission of objectionable odors or particulate matter.

 

6-4-20 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities operated by Des Moines County Solid Waste Commission are hereby designated as the official "Public Sanitary Disposal Project" for the disposal of solid waste produced or originating within the City.

 

6-4-21 COLLECTION SERVICE. The collection of solid waste within the City shall be by private collectors.

 

6-4-22 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair.

(IAC, 567-104.9(455B))

 

6-4-23 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and unloaded in such a manner that the contents will not fall, leak, or spill therefore, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

 

6-4-24 SEPARATION OF YARD WASTE REQUIRED. All yard waste shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted or burned on the premises or placed in acceptable containers and set out for collection.

 

6-4-25 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this chapter; however, solid waste collectors shall not enter dwelling units or other residential buildings.

 

 

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 5 UTILITIES - BILLING CHARGES

 

 

 

6-5-1 Definitions

6-5-2 Utility Defined

      1. Districts
      2. Use of Funds
      3. Accounts Established
      4. Disposition of Fees and Charges
      5. Year-End Balances

6-5-8 Billing, Penalty

6-5-9 Discontinuing Services, Fees

6-5-10 Residential Rental Property

      1. Customer Guarantee Deposits
      2. Estimated Readings
      3. Water Rates
      4. Rates Outside the City

6-5-15 Rate of Sewer Rent and Manner of Payment

6-5-16 Charges Based on Usage

      1. Water Not Entering System
      2. User Charge Rate
      3. Surcharge for Extra Strength Wastewater
      4. Responsibility for Increased Costs
      5. Rural Sewer Users
      6. Application
      7. Special Agreements Permitted
      8. Determination and Payment of Sewer Rent From Premises With Private Water Systems
      9. Use of Funds
      10. Waste Management Agreement
      11. Mandatory Recycling
      12. Waste Management Fee
      13. Effective Date
      14. Collection

 

6-5-1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this chapter is as follows:

 

    1. Dwelling. Any building, structure, or mobile home, except temporary housing, which is wholly or partially used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto.
    2. Dwelling Unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit which facilities are used or intended to be used for living, sleeping, cooking, and eating of meals.
    3. Normal Domestic Wastewater. Wastewater that has a B.O.D.5 concentration of not more than 300 mg/l, a suspended solids concentration of not more than 350 mg/l and in a daily quantity of no more than 2,000 gallons.
    4. Operation and Maintenance. All expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and maintaining the performance for which such wastewater treatment works were designed and constructed.
    5. Owner. The owner of record as reflected in the records of the County Treasurer.
    6. Pollutants. Any chemical or biological materials that are treatable at the wastewater treatment plant, the treatment of which results in a cost to the operation and maintenance of the wastewater treatment works.
    7. Recyclables. Those materials that can be processed and recycled as outlined by the Des Moines County Regional Solid Waste Commission.
    8. Residential Contributor. Any contributor to the City’s wastewater treatment works whose lot, parcel of real estate or building is used for domestic dwelling purposes only.
    9. Rural Sewer User. Any person, residence, business or industry located outside the City corporation limits that contributes wastewater to the wastewater treatment works. Such users shall be subject to all the provisions of this chapter.
    10. Surcharge. A special additional charge to reimburse the City for the costs of treating pollutants in excess of those quantities, volumes or types found in normal domestic wastewater.
    11. Toxic Pollutants. Any material that would restrict the ultimate disposal of the treated wastewater or the treated sludge, or would adversely restrict the treatment efficiency of the wastewater treatment works.
    12. Useful Life. The estimated period during which the subject item of the wastewater treatment works will be operated.
    13. User Charge. The portion of the total wastewater treatment works costs which is levied against the user in a proportional and adequate manner for debt retirements, operation and maintenance.
    14. Waste Management Fee. The amount assessed by the City to provide curbside collection of recyclables to the citizens of the City.

 

6-5-2 UTILITY DEFINED. For use in this chapter, utility is the sewer, water, and refuse collection systems operated by the City.

 

6-5-3 DISTRICTS. There shall be one sewer and water district which encompasses all of the City of Middletown, Iowa.

 

6-5-4 USE OF REVENUES. The user charge system shall generate annual revenues which are adequate to pay annual operation and maintenance, and all or any part of the costs for debt retirement associated with financing the wastewater treatment works which the City designates to be paid by the user charge system.

 

6-5-5 ACCOUNTS ESTABLISHED. Those portions of the total user charge collected which designated for operation and maintenance purposes and debt retirement purposes shall be deposited and kept in two separate non-lapsing accounts known as the Operation and Maintenance Account and Debt Retirement Reserve Account, further defined as follows:

 

    1. Operation and Maintenance Account. An account designated for the specific purpose of defraying operation and maintenance costs.
    2. Debt Retirement Reserve Account. An account designated for the specific purpose of paying principal and interest charges on the funds borrowed, including reserve amount required by bond covenants, to finance the construction of the wastewater treatment works.

 

6-5-6 DISPOSITION OF FEES AND CHARGES. All money received under this chapter shall be deposited in the City treasury not later than the last day of the month in which it was received and a written report of the amount and source of the fees and charges shall be on file with the City Clerk.

 

6-5-7 YEAR-END BALANCES. Fiscal year-end balances in the Operation and Maintenance Account and the Debt Retirement Reserve Account shall be carried over to the same accounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Moneys which have been transferred from other sources to meet temporary shortages in the Operation and Maintenance Account shall be returned to their respective accounts upon appropriate adjustments of the user charge rates for operation and maintenance. The user charge rate shall be adjusted such that the transferred moneys will be returned to their respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.

 

6-5-8 BILLING, PENALTY. Utility bills shall be due on the first of the month following the period for which service is billed. Payment shall be made to the City Clerk. Bills shall become delinquent after the fifteenth of the month in which due and bills paid after said day shall have added a penalty of five (5) percent of the amount of the bill for water service. When the fifteenth falls on Saturday or Sunday, the City Clerk shall accept payment on the next office day without penalty.

(Code of Iowa, Sec. 384.84(1))

 

 

6-5-9 DISCONTINUING SERVICE, FEES.

 

1. If any account is not paid within thirty days from the end of any given period, the service to such owner or person so supplied with the utility shall be discontinued after the following procedures have been complied with:

a. The City Clerk shall send a disconnect or discontinuance notice by ordinary mail providing the following notice to customers: "You are advised that you may request a hearing on this matter to the City Clerk by noon on the day preceding the scheduled shut-off date or discontinuance of service."

b. When a hearing is requested by a customer, the Mayor or the Mayor's designee shall conduct a hearing within two (2) days following the request. The customer shall have the right to present evidence or propose a payment plan. The decision of the Mayor is final.

2. If service is discontinued for nonpayment of fees and charges, or for the violation of any Ordinance, a fee of $5.00 shall be paid to the City Clerk in addition to the rates or charges then due before such service is restored. If any such service charge is not paid within sixty (60) days from the date it is due, the same shall constitute a lien upon the premises served by said municipal system, which said lien shall be collected in the same manner as taxes.

(Code of Iowa, Sec. 384.84(2))

3. A lien shall not be certified to the County Treasurer for collection unless thirty (30) days prior written notice by ordinary mail of the intent to certify a lien is given to the account holder of the delinquent account. If the account holder is a tenant, and if the owner or property lessor of the property has made a written request for notice, the notice shall also be given to the owner.

(Code of Iowa, Sec. 384.84 (3))

6-5-10 RESIDENTIAL RENTAL PROPERTY. For residential rental property where a charge for water service is separately metered and paid directly by the tenant, the rental property is exempt from a lien for those delinquent charges incurred after the property lessor gives written notice to the City that the tenant is liable for the charges and a deposit not exceeding the usual cost of ninety (90) days of water service is paid to the utility. Upon receipt, the City shall acknowledge the notice and deposit. A written notice shall contain the name of the tenant responsible for charges, address of the property that the tenant is to occupy, and the date that the occupancy begins. A change in tenant shall require a new written notice and deposit. When the tenant moves from the rental property, the City shall return the deposit, within ten days, if the water service charges are paid in full and the lien exemption shall be lifted from the rental property. The lien exemption for rental property does not apply to charges for repairs to a water service if the repair charges become delinquent.

 

A lien shall not be certified to the County Treasurer for collection unless prior written notice by ordinary mail of the intent to certify a lien is given to the account holder of the delinquent account. If the account holder is a tenant, and if the owner or property lessor of the property has made a written request for notice, the notice shall also be given to the owner or property lessor.

(Code of Iowa, Sec. 384.84(3))

 

6-5-11 CUSTOMER GUARANTEE DEPOSITS. Customer deposits shall be required of all customers in the amount of a forty dollar ($40) deposit intended to guarantee the payment of bills for service.

 

6-5-12 ESTIMATED READINGS. Where a meter has ceased to register or a meter reading could not be obtained, the quantity of water consumed for billing purposes will be based upon an average of the prior six (6) months’ consumption and the conditions of water service prevailing during the period in which the meter failed to register.

 

6-5-13 WATER RATES. Water shall be furnished at the following monthly rates per property serviced within the City limits:

(Code of Iowa, Sec. 384.84(1))

 

The first ____2,000_ gal. __$6.30___ $ per __2,000__ gal. (minimum bill)

All over ____2,000_ gal. __$3.15___ $ per __1,000__ gal.

 

The minimum charge shall be $___$6.30___ per household or business building per billing month.

 

6-5-14 RATES OUTSIDE THE CITY. Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at rates one hundred twenty percent (120%) of the rates provided in section 6-5-13. No customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the Council.

(Code of Iowa, Sec. 364.4(2) & 384.84(1))

 

6-5-15 RATE OF SEWER RENT AND MANNER OF PAYMENT. The rate of sewer rent shall be 100% percent of the net water bill for each premise. The rent shall be paid with the water bill at the same time as payment of the water bill is due and under the same condition as to penalty for late payment, at the office of the City Clerk, beginning with the next payment after the enactment of this Ordinance, or, if connection has not been made, after the connection to the sewer system is made.

(Code of Iowa, Sec. 384.84(1))

 

6-5-16 CHARGES BASED ON USAGE. Each user shall pay for the services provided by the City based on said user’s use of the wastewater treatment works as indicated by the amount of water metered to the user. Water meter readings will be the normal basis for computing usage, but other methods may be necessary.

 

6-5-17 WATER NOT ENTERING SYSTEM. If a user has no water meter, has a consumptive use of water, or in some other manner uses water which is not returned to the wastewater treatment works, the user charge for that user may be based on a wastewater meter or separate water meter installed and maintained at the user’s expense and in a manner acceptable to the City. (Refer to 6-5-14).

 

 

 

 

6-5-18 USER CHARGE RATE. Each user shall pay a user charge rate for operation and maintenance and debt retirement at the rate of 100% of the monthly water rental service charge assessed for each account of said user. For each account which is not provided water service by the City, the rate shall be determined by the Council. The minimum charge per month for each user shall also be determined by the Council.

 

6-5-19 SURCHARGE FOR EXTRA STRENGTH WASTEWATER. A surcharge, in addition to the normal user charge, will be collected from those "extra strength" users who contribute wastewater of greater strength than normal domestic wastewater. The surcharge for "extra strength" wastewater is to be determined by the Council.

 

6-5-20 RESPONSIBILITY FOR INCREASED COSTS. Any user which discharges any toxic pollutants which cause an increase in the cost of managing, handling, or disposing of the sludge from the City’s wastewater treatment works, or any user which discharges any substance which singly or by interaction with other substances causes a decrease in the quality of treatment or an increase in the cost of operation, maintenance, or replacement of the wastewater treatment works, shall pay a surcharge as determined by the City Designee and approved by the Council.

 

6-5-21 RURAL SEWER USERS. Rural sewer users shall pay a surcharge equal to the sum of the minimum charge, the user charge, and any other surcharges.

 

6-5-22 APPLICATION. The user charge requirements established in the chapter apply to all users, regardless of their location, or the location of the City’s wastewater treatment works.

 

6-5-23 SPECIAL AGREEMENTS PERMITTED. No statement in this chapter shall be construed as preventing a special agreement, arrangement or contract between the Council, and any industrial concern whereby an industrial waste of unusual strength or character may be accepted subject to special conditions, rate and cost as established by the Council.

 

6-5-24 DETERMINATION AND PAYMENT OF SEWER RENT FROM PREMISES WITH PRIVATE WATER SYSTEMS. Users whose premises have a private water system shall pay a sewer rent in proportion to the water used and determined by the City Council either by an estimate agreed to by the user or by metering the water system. The rates shall be the same as provided in Section 6-5-10 applied as if a City water bill were to be paid. Rent shall be paid at the same time and place as provided in Section 6-5-10.

(Code of Iowa, Sec. 384.84(1))

 

6-5-25 USE OF FUNDS. All revenues and moneys derived from the operation of the sewer system shall be paid to and held by the City separate and apart from all other funds of the City, and all of said sums and all other funds and moneys incident to the operation of said system as may be delivered to the City shall be deposited in a separate fund designated the "Sewer Utility Fund" and the Council shall administer said fund in every respect in a manner provided by the Code of Iowa and all other laws pertaining thereto.

 

6-5-26 WASTE MANAGEMENT AGREEMENT. The City has previously entered into a 28E agreement with the Des Moines County Regional Solid Waste Commission for the collection and disposal of recyclables of the citizens of the City. It is necessary that all citizens of the City participate in curbside collection of recyclables. It is also necessary that a waste management fee be assessed to cover the costs associated with the collection and/or processing of said recyclables.

 

6-5-27 MANDATORY RECYCLING. Every dwelling unit within the corporate limits of the City shall participate in curbside collection of recyclables. The City, by way of resolution, shall set a monthly rate to be assessed, per dwelling unit, for said curbside collection of recyclables.

 

6-5-28 WASTE MANAGEMENT FEE. A waste management fee will be assessed to the property owner of every dwelling unit located on said property owner’s real estate.

 

6-5-29 EFFECTIVE DATE. The imposition of a monthly waste management fee for curbside collection shall go into effect on March 1, 1995.

 

6-5-30 COLLECTION. The City shall provide for the collection of recyclables as follows:

 

    1. The City shall provide for the collection of recyclables in the City for all dwelling units utilizing curbside collection.
    2. The City Council shall establish, by resolution, designated days, each month, for the curbside collection of recyclables.
    3. The City shall only collect recyclables placed in the recycling containers purchased from the City. The City Council shall establish be resolution the fee for the purchase of said recyclables containers.

 

 

 

Footnote: See Code of Iowa, Sec. 384.38(3) concerning establishing districts and connection fees.

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 6 STREET CUTS, EXCAVATIONS AND MAINTENANCE

 

 

6-6-1 Excavation Permit Required

6-6-2 Application for Permit

6-6-3 Permit Fees

6-6-4 Safety Measures

6-6-5 Backfilling and Restoration

      1. Rules and Regulations
      2. Placing Debris On
      3. Use for Business
      4. Washing Vehicles
      5. Burning Prohibited
      6. Maintenance of Parking or Terrace
      7. Failure to Maintain Parking or Terrace
      8. Dumping of Snow
      9. Driveway Culverts

 

6-6-1 EXCAVATION PERMIT REQUIRED. Excavating within the right-of-way of public streets and alleys, and of public grounds, and the cutting of surfacing or pavings of the traveled way therein, shall not be done by any person, firm, association, or corporation without obtaining a permit from the City Clerk.

(Code of Iowa, Sec. 364.12(2))

 

6-6-2 APPLICATION FOR PERMIT. No person shall commence excavation in any public street or public ground until that person has applied to the City Clerk for an excavation permit. Such application shall indicate the location of the excavation, the name and address of the applicant who is to do the work, whether public liability insurance is in force, and that the applicant has checked the underground map of all utilities, and other owners of underground facilities, and that the applicant has notified those persons or companies of the time that excavation will commence. The making of an application shall be deemed notice to the City of the plan to cut the street surfacing or pavements, and to obstruct the public way. Such permits shall not be valid until six hours after receipt unless the Clerk waives this requirement.

 

In an emergency, authorized persons or companies may commence excavations provided that they shall have made a reasonable effort to inform the City and the utilities whose underground utilities might be involved in any way, and those involved in the excavation shall make written application at the earliest practicable moment. The Clerk may provide on the form for the certification that the applicant has notified all utilities and other parties required by this Ordinance.

 

6-6-3 PERMIT FEES. The permit fee shall be $15.00 for the cost of each inspection. A single excavation shall be deemed to constitute all the digging necessary for a single connection, or a cut for installing a main not exceeding 100 feet in length. An additional fee of $15.00 shall be required for every additional 100 feet, or major fraction thereof, of main excavation.

 

6-6-4 SAFETY MEASURES. Any person, firm, or corporation cutting a pavement or surfacing or excavating in the streets shall erect suitable barricades, maintain warning lights from sunset to sunrise each night, and take such other precautions as necessary for the safety of the public, whether vehicles or pedestrians. Vehicles, equipment, materials, excavated material, and similar items shall likewise be protected by lights and warning devices, such as traffic cones, flags, etc. Where traffic conditions warrant, the party excavating may be required to provide flagmen, if in the judgment of the Chief of Police the public safety requires it. Compliance with City Ordinances and regulations shall not be deemed to waive the requirements that the party excavating shall comply with all the requirements of the labor safety laws and the rules of the Iowa Department of Labor, nor shall any failure be deemed a responsibility of the City.

 

6-6-5 BACKFILLING AND RESTORATION. Any person excavating in the streets shall be responsible for the backfilling of the excavation in accordance with City specifications and the restoration of the pavement or surfacing to as good a condition as that existing prior to the excavation. If any excavator fails to backfill or restore the pavement or surfacing properly within forty-eight hours of the completion of the underground work, the City reserves the right to backfill and resurface or install new paving and charge the cost thereof to the party excavating. If any backfilling or pavement or surfacing restoration is not in accordance with the City specifications, the City Designee is authorized to remove such material as is necessary and to backfill and restore the pavement or surfacing properly.

 

6-6-6 RULES AND REGULATIONS. The City Council may by resolution establish such rules and regulations for the manner of making cuts and related matters involving excavations.

 

6-6-7 PLACING DEBRIS ON. It is unlawful for any person to throw or deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal, or vehicle.

 

6-6-8 USE FOR BUSINESS PURPOSES. It is unlawful to store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.

 

6-6-9 WASHING VEHICLES. It is unlawful for any person to use any public sidewalk, street or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business. This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street or alley.

 

6-6-10 BURNING PROHIBITED. No person shall burn any trash, leaves, rubbish or other combustible material in any curb and gutter or on any paved or surfaced street or alley.

 

6-6-11 MAINTENANCE OF PARKING OR TERRACE. It is the responsibility of the abutting property owner to maintain all property outside the lot and property lines and inside the curb lines upon the public streets, except that the abutting property owner shall not be required to remove diseased trees or dead wood on the publicly owned property or right-of-way. Maintenance includes timely mowing, trimming trees and shrubs and picking up litter.

(Code of Iowa, Sec. 364.12(2c))

 

6-6-12 FAILURE TO MAINTAIN PARKING OR TERRACE. If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12(2e))

 

6-6-13 DUMPING OF SNOW. It is unlawful for any person to throw, push, or place or cause to the thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, such accumulation shall be removed promptly by the property owner or agent, and only after first making arrangement for such prompt removal at the owner’s cost of the accumulation within a reasonably short time.

(Code of Iowa, Sec. 364.12(2b))

 

6-6-14 DRIVEWAY CULVERTS. The property owner shall, at the owner’s expense, install any culvert deemed necessary under any driveway or any other access to the owner’s property, and before installing a culvert, permission must first be obtained from the City. In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs, and, in the event the owner fails to do so, the City shall have the right to make the repairs. If the property owner fails to reimburse the City for the cost of said repairs, the cost shall be certified to the County Treasurer and specially assessed against the property as be law provided.

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 7 SUBDIVISION REGULATIONS

 

 

GENERAL PROVISIONS

6-7-1 Short Title

6-7-2 Purpose

6-7-3 Application

6-7-4 Recording of Plat

DEFINITIONS

6-7-5 Terms Defined

IMPROVEMENTS

6-7-6 Improvements Required

6-7-7 Inspection

6-7-8 Minimum Improvements

6-7-9 Completion of Improvements

6-7-10 Performance Bond

MINIMUM STANDARDS FOR

THE DESIGN OF SUBDIVISIONS

6-7-11 Minimum Standards

 

PROCEDURES AND SUBMISSION REQUIREMENTS FOR PLATS

6-7-12 Procedures and Submission Requirements for Plats

6-7-13 Pre-Application Conference

6-7-14 Sketch Plan Required

6-7-15 Presentation to Planning Commission or City Council

6-7-16 Subdivision Classified

6-7-17 Plats Required

6-7-18 Requirements of Preliminary Plat

6-7-19 Referral of Preliminary Plat

6-7-20 Action by the City Engineer

6-7-21 Action by the Governing Body

6-7-22 Final Plat

6-7-23 Referral Final Plat

6-7-24 Requirements of the Final Plat

6-7-25 Final Plat Attachments

6-7-26 Action by the Governing Body

 

OTHER PROVISIONS

6-7-27 Variances

6-7-28 Chain Subdividing

6-7-29 Changes and Amendments

6-7-29 Extraterritorial Review Agreement

 

GENERAL PROVISIONS

 

6-7-1 SHORT TITLE. This chapter shall be known and may be cited as "The City of Middletown, Iowa, Subdivision Control Ordinance."

 

6-7-2 PURPOSE. The purpose of this Ordinance is to provide minimum standards for the design, development and improvement of all new subdivisions and resubdivisions of land, so that existing developments will be protected, and so that adequate provisions are made for public facilities and services, and so that growth occurs in an orderly manner, consistent with the Comprehensive Plan, and to promote the public health, safety and general welfare of the citizens of the City of Middletown, Iowa.

(Code of Iowa, Sec. 354.1 and 364.1)

 

6-7-3 APPLICATION. Every owner who divides any original parcel of land, forty (40) acres or part thereof, entered of record in the office of the County Recorder as a single lot, parcel or tract on or before the effective date of these regulations (date of original Subdivision Ordinance) into three or more lots, parcels, or tracts for the purpose, whether immediate or future, of laying out an addition, subdivision, building lot or lots, acreage or suburban lots, transfer of ownership or building development within the City or (choose one):

 

- within two (2) miles of zoning limitations as set by Iowa Code of the corporate limits of the City;

 

shall cause plats of such area to be made in the form, and containing the information, as hereinafter set forth before selling any lots therein contained or placing the plat on record.

(Code of Iowa, Sec. 354.9)

 

6-7-4 RECORDING OF PLAT. No subdivision plat, resubdivision plat or street dedication within the City of Middletown, Iowa, or (choose one):

 

- within two (2) miles of zoning limitations as set by Iowa Code of the corporate limits of the City as recorded in the office of the County Recorder and filed with the County Auditor,

as provided in Section 354.9, Code of Iowa, shall be filed for record with the County Recorder, or recorded by the County Recorder, until a final plat of such subdivision, resubdivision, or street dedication has been reviewed and approved in accordance with the provisions of this Ordinance.

 

Upon the approval of the final plat by the governing body, it shall be the duty of the subdivider to immediately file such plat with the County Auditor and County Recorder, as required by law. Such approval shall be revocable after thirty (30) days, unless such plat has been duly recorded and evidence thereof filed with the City Clerk within such thirty (30) days.

(Code of Iowa, Sec. 354.9)

 

DEFINITIONS

 

6-7-5 TERMS DEFINED. For the purposes of this Ordinance, certain words herein shall be defined as and interpreted as follows. Words used in the present tense shall include the future, the singular shall include the plural, the plural shall include the singular, the term "shall" is always mandatory, and the term "may" is permissive.

 

1. "Acquisition Plat" means the graphical representation of the division of land or rights in land, created as the result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.

(Code of Iowa, Sec. 354.2(1))

 

2. "Aliquot Part" means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one quarter shall be considered an aliquot part of a section.

(Code of Iowa, Sec. 354.2(2))

3. "Alley" means public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.

4. "Auditor's Plat" means a subdivision plat required by either the Auditor or the Assessor, prepared by a surveyor under the direction of the auditor.

(Code of Iowa, Sec. 354.2(3))

5. "Block" means an area of land within a subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, tracts of public land, or the boundary of the subdivision.

6. "Building Lines" means a line on a plat between which line and public right-of-way no building or structures may be erected.

7. "City Engineer" means the professional engineer registered in the State of Iowa designated as City Engineer by the governing body or other hiring authority.

8. "Comprehensive Plan" means the general plan for the development of the community, that may be titled master plan, comprehensive plan or some other title, which plan has been adopted by the governing body. Such "Comprehensive Plan" shall include any part of such plan separately adopted, and any amendment to such plan or parts thereof.

9. "Conveyance" means an instrument filed with a Recorder as evidence of the transfer of title to land, including any form of deed or contract.

(Code of Iowa, Sec. 354.2(4))

10. "Cul-de-Sac" means a street having one end connecting to another street, and the other end terminated by a vehicular turn around.

11. "Division" means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than public highway easement, shall not be considered a division for the purpose of this chapter.

(Code of Iowa, Sec. 354.2(5) and 355.1(2))

12. "Easement" means an authorization by a property owner for another to use a designated part of said owner's property for a specified purpose.

13. "Flood Hazard Area" means any area subject to flooding by a one percent (1%) probability flood, otherwise referred to as a one hundred (100) year flood; as designated by the Iowa Department of Natural Resources or the Federal Emergency Management Agency.

14. "Floodway" means the channel of a river or other watercourse and the adjacent lands that must be reserved in order to discharge the waters of a one hundred (100) year flood without cumulatively raising the waterway surface elevation more than one (1) foot.

15. "Forty-Acre Aliquot Part" means one-quarter of one-quarter of a section.

(Code of Iowa, Sec. 354.2(6))

16. "Governing Body" means the City Council of the City of Middletown, Iowa.

(Code of Iowa, Sec. 354.2(7))

17. "Government Lot" means a tract, within a section, that is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.

(Code of Iowa, Sec. 354.2(8) and 355.1(3))

18. "Improvements" means changes to land necessary to prepare it for building sites including but not limited to grading, filling, street paving, curb paving, sidewalks, walk ways, water mains, sewers, drainageways, and other public works and appurtenances.

19. "Lot" means a tract of land represented and identified by number or letter designation on an official plat.

(Code of Iowa, Sec. 354.2(9))

20. "Lot, Corner". The term "corner lot" means a lot situated at the intersection of two streets.

21. "Lot, Double Frontage". The term "double frontage lot" means any lot that is not a corner lot that abuts two streets.

22. "Major Street" means a street of considerable continuity connecting various sections of the City designated as a major street on the official major street plan of the City.

23. "Metes and Bounds Description" means a description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.

(Code of Iowa, Sec. 354.2(10))

 

24. "Minor Street" means a street which is used primarily for access to the abutting properties.

25. "Official Plat" means either an auditor's plat or a subdivision plat that meets the requirements of this chapter and has been filed for record in the offices of the Recorder, Auditor, and Assessor.

(Code of Iowa, Sec. 354.2(11))

26. "Original Parcel" means forty acres or part thereof entered of record in the office of the County Recorder as a single lot or parcel on or before (date of original Subdivision Ordinance).

27. "Owner" means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf.

28. "Parcel" means a part of a tract of land.

(Code of Iowa, Sec. 354.2(12))

29. "Performance Bond" means a surety bond or cash deposit made out to the City of Middletown, Iowa, in an amount equal to the full cost of the improvements which are required by this Ordinance, said cost estimated by the City and said surety bond or cash bond being legally sufficient to secure to the City that the said improvements will be constructed in accordance with this Ordinance.

30. "Permanent Real Estate Index Number" means a unique number or combination of numbers assigned to a parcel of land pursuant to Section 441.29 of the Code of Iowa.

(Code of Iowa, Sec. 354.2(13))

31. "Planning Commission" means the appointed commission designed by the governing body for the purpose of this Ordinance, and may also be the Zoning Commission, in which case such commission shall be known as the Planning and Zoning Commission.

32. "Plat" means a map drawing, or chart on which a subdivider's plan for the subdivision of land is presented, that said subdivider submits for approval and intends, in final form, to record.

33. "Plats Officer" means the individual assigned the duty to administer this Ordinance by the governing body or other appointing authority.

34. "Plat of Survey" means the graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.

(Code of Iowa, Sec. 354.2(14) and 355.1(9))

35. "Proprietor" means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding mortgage, easement, or lien interest.

(Code of Iowa, Sec. 354.2(15))

36. "Resubdivision" means any subdivision of land that has previously been included in a recorded plat. In appropriate context it may be a verb referring to the act of preparing a plat of previously subdivided land.

37. "Street" means public property, not an alley, intended for vehicular circulation. In appropriate context the term "street" may refer to the right-of-way bounded by the property lines of such public property, or may refer to the paving installed within such right-of-way.

38. "Street, Arterial" means a street primarily intended to carry traffic from one part of the City to another, and not intended to provide access to abutting property.

39. "Street, Collector" means a street primarily designed to connect smaller areas of the community, and to carry traffic from local streets to arterial streets.

40. "Street, Local" means a street primarily designed to provide access to abutting property.

41. "Subdivider" means the owner of the property being subdivided, or such other person or entity empowered to act on the owner's behalf.

42. "Subdivision" means the accumulative effect of dividing an original lot, tract, or parcel of land, as of (date of original Subdivision Ordinance) into three (3) or more lots for the purpose of immediate or future sale or transfer for development purposes excluding public roadways, public utility extensions, and land taken by condemnation. The term includes a resubdivision or replatting. When appropriate to the context, the word may relate to the process of subdividing or the land subdivided.

Any person not in compliance with the provisions of the subdivision definition at the time of its effective date (date of passage of this Subdivision Ordinance), shall not be required to comply with such provisions unless or until a new division, re-subdivision or replatting occurs following that effective date.

(Code of Iowa, Sec. 354.2(16) and 355.1(10))

43. "Subdivision Plat" means the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and succinct name or title that is unique for the county where the land is located.

(Code of Iowa, Sec. 354.2(17) and 355.1(11))

44. "Surveyor" means a registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542B of the Code of Iowa.

(Code of Iowa, Sec. 354.2(18) and 355.1(12))

45. "Tract" means an aliquot part of a section, a lot within an official plat, or a government lot.

(Code of Iowa, Sec. 354.2(19))

46. "Utilities" means systems for the distribution or collection of water, gas, electricity, wastewater, and storm water.

IMPROVEMENTS

 

6-7-6 IMPROVEMENTS REQUIRED. The subdivider shall, at said subdivider's expense, install and construct all improvements required by this Ordinance. All required improvements shall be installed and constructed in accordance with the design standards established for such improvements by the City, and as shown on the approved preliminary plat.

 

6-7-7 INSPECTION. All improvements shall be inspected to insure compliance with the requirements of this Ordinance. The cost of such inspection shall be borne by the subdivider and shall be the actual cost of the inspection to the City.

 

6-7-8 MINIMUM IMPROVEMENTS. The improvements set forth below shall be considered the minimum improvements necessary to protect the public health, safety and welfare.

(Code of Iowa, Sec. 364.1)

 

1. Streets and alleys. All streets and alleys within the platted area which are dedicated for public use shall be brought to the grade approved by the governing body after receiving the report and recommendations of the Designated City Engineer.

2. Roadways. All roadways shall be surfaced with portland cement concrete or with asphaltic concrete over a crushed stone base as the governing body may require.

3. Curb and Gutter. Curb and gutter shall be required on all streets. All curb and gutter shall be constructed to the grade approved by the governing body after receiving the report and recommendations of the Designated City Engineer. Newly constructed curbs and gutters shall comply with the Americans With Disabilities Guidelines (ADAAG).

4. Sidewalks. Sidewalks may be required by the governing body if they are considered necessary for the general welfare and safety of the community. Sidewalks shall be constructed to the grade approved by the governing body after receiving the report and recommendations of the Designated City Engineer.

5. Water lines. Where a public water main is reasonably accessible, the subdivider shall connect with such water main and provide a water connection for each lot with service pipe installed to the property line in accordance with City Water standards, procedures and supervision.

6. Sewers.

a. Where a public sanitary sewer is reasonably accessible, the subdivider shall connect or provide for the connection with such sanitary sewer and shall provide within the subdivision the sanitary sewer system as required to make the sewer accessible to each lot in the subdivision. Sanitary sewers shall be stubbed into each lot. Sewer systems shall be approved by the governing body and the State Department of Health and the construction subject to the supervision of the City Designee.

b. Where sanitary sewers are not available, other facilities, as approved by the governing body and the State Department of Health must be provided for the adequate disposal of sanitary wastes.

c. Adequate provisions shall be made for the disposal of storm waters, subject to the approval of the governing body and to the supervision of the City Designee.

6-7-9 COMPLETION OF IMPROVEMENTS. Before the governing body shall approve the final plat, all of the foregoing improvements shall be constructed and accepted by formal resolution of the governing body. Before passage of said resolution of acceptance, the City Designee shall report that said improvements meet all City specifications and Ordinances or other City requirements, and the agreements between subdivider and the City.

 

6-7-10 PERFORMANCE BOND. The completion requirement may be waived in whole or in part if the subdivider will post a performance bond with the governing body guaranteeing that improvements not completed will be constructed within a period of one (1) year from final acceptance of the plat, but final acceptance of the plat will not constitute final acceptance by the City of any improvements to be constructed. Improvements will be accepted only after their construction has been completed, and no public funds will be expended in the subdivision until such improvements have been completed and accepted by the City.

 

MINIMUM STANDARDS FOR THE DESIGN OF SUBDIVISIONS

 

6-7-11 MINIMUM STANDARDS. The following standards shall be considered the minimum standards necessary to protect the public health, safety, and general welfare.

 

1. Relation to existing streets.

a. The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

b. The arrangement of streets in a subdivision shall either provide for the continuation of appropriate projection of existing principal streets in surrounding areas or conform to a plat for the neighborhood approved by the governing body to meet a particular situation where topographical or other conditions made continuance or conformance to existing streets impracticable.

2. Acreage subdivisions.

a. Where the plat submitted covers only a part of the subdivider's plat, a sketch of the prospective future system of the unsubmitted part shall be furnished and the street system of the part submitted shall be considered in the light of adjustments in connection with the street system of the part not submitted.

b. Where the parcel is subdivided into larger tracts than for building lots such parcels shall be divided so as to allow for the opening of major streets and the ultimate extension of adjacent minor streets.

c. Subdivisions showing unplatted strips or private streets controlling access to public ways will not receive approval.

3. Local streets.

a. Local streets shall be so planned as to discourage through traffic.

b. Cul-de-sac streets are permitted where topography and other conditions justify their use. Such streets shall not be longer than five hundred (500) feet and shall terminate with a turn-around, having an outside roadway diameter of at least eighty (80) feet and a street property line diameter of at least one hundred (100) feet. The right-of-way width of the straight portion of such streets shall be a minimum of fifty (50) feet. The property line at the intersection of the turn-around and the straight portion of the street shall be rounded at a radius of not less than twenty (20) feet.

 

 

4. Frontage streets.

a. Where a subdivision abutts or contains an existing or proposed arterial street, the governing body may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

b. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the governing body may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

5. Half-streets. Half-streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the governing body finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

6. Street Geometrics.

a. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.

b. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets.

c. When connecting street lines deflect from each other at any one point by more than ten (10) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than two hundred (200) feet for minor and collector streets, and of such greater radii as the governing body shall determine for special cases.

d. Street right-of-way widths shall be as shown in the City’s master Plan.

7. Intersections.

 

a. Insofar as is practical, acute angles between streets at their intersection are to be avoided.

b. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than sixty (60) degrees.

c. Property lines at street intersections shall be rounded with a radius of ten (10) feet, or of a greater radius where the governing body may deem it necessary. The governing body may permit comparable cutoffs or chords in place of rounded corners.

8. Street names. Streets that are in alignment with others already existing and named shall bear the name of the existing streets. The proposed names of new streets shall not duplicate or sound similar to existing street names. Street names shall be subject to the approval of the governing body.

9. Street grades.

a. Street grades, wherever feasible, shall not exceed five (5) percent, with due allowance for reasonable vertical curves.

b. No street grade shall be less than one-half (1/2) of one (1) percent.

10. Alleys.

a. Alleys shall be provided in commercial and industrial districts, except that the governing body may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.

b. The width of an alley shall be twenty (20) feet.

c. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movements.

d. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end, as determined by the governing body.

11. Blocks.

a. No block may be more than one thousand three hundred twenty (1,320) feet or less than five hundred (500) feet in length between the center lines of intersecting streets, except where, in the opinion of the governing body, extraordinary conditions unquestionably justify a departure from these limits.

b. In blocks over seven hundred (700) feet in length, the governing body may require at or near the middle of the block a public way or easement of not less than ten (10) feet in width for use by pedestrians and/or as an easement for public utilities.

 

 

 

12. Lots.

a. The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

b. Minimum lot dimensions and sizes.

(1) Residential lots where not served by public sewer shall not be less than eighty (80) feet wide nor less than ten thousand (10,000) square feet in area.

(2) Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated.

(3) Corner lots for residential use shall have an extra ten (10) feet of width to permit appropriate building setback from and orientation to both streets.

c. The subdividing of the land shall be such as to provide, by means of public street, each lot with satisfactory access to an existing public street.

d. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.

e. Side lot lines shall be substantially at right angles to straight street lines or radial to curved street lines.

13. Building lines. Building lines shall be shown on all lots within the platted area. The governing body may require building lines in accordance with the needs of each subdivision.

14. Easements.

a. Easement across lots or centered on rear or side lot lines shall be provided for utilities where necessary and shall be at least ten (10) feet wide.

b. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and further width for construction, or both, as will be adequate for the purpose.

15. Plat markers. Markers shall be placed at all block corners, angle points, points of curves in streets, and all such intermediate points as shall be required by the governing body. The markers shall be of such material, size and length as may be approved by the governing body.

PROCEDURES AND SUBMISSION REQUIREMENTS FOR PLATS.

 

6-7-12 PROCEDURES AND SUBMISSION REQUIREMENTS FOR PLATS. In obtaining final approval of a proposed subdivision by the governing body, the subdivider and owner shall submit a plat in accordance with the requirements hereafter set forth and install improvements or provide a performance bond.

 

6-7-13 PRE-APPLICATION CONFERENCE. Whenever a subdivision located within the platting jurisdiction of the City is proposed, the owner and subdivider shall schedule a preapplication conference with the City Clerk. The conference should be attended by the City Clerk and such other City or utility representatives as is deemed desirable; and by the owner and said owner's engineer and/or planner, as deemed desirable.

 

The purpose of such conference shall be to acquaint the City with the proposed subdivision, and to acquaint the subdivider with the requirements, procedures, and any special problems relating to the proposed subdivision.

 

6-7-14 SKETCH PLAN REQUIRED. For the pre-application conference, the subdivider shall provide a map or sketch showing the location of the subdivision, the general location of any proposed streets and other improvements, and the general layout and arrangement of intended land uses, in relation to the surrounding area.

 

6-7-15 PRESENTATION TO PLANNING COMMISSION OR CITY COUNCIL. The subdivider may present the sketch plan to the governing body for review, prior to incurring significant costs preparing the preliminary or final plat.

 

6-7-16 SUBDIVISION CLASSIFIED. Any proposed subdivision or resubdivision shall be classified as minor subdivision or a major subdivision.

 

1. Minor Subdivision. Means any subdivision that contains not more than four (4) lots fronting on an existing street and that does not require construction of any public improvements, and that does not adversely affect the remainder of the parcel shall be classified as a minor plat.

2. Major Subdivision. Any subdivision that, in the opinion of the governing body, does not for any reason meet the definition of a minor subdivision, shall be classified as a major subdivision.

6-7-17 PLATS REQUIRED. In order to secure approval of a proposed subdivision, the owner and subdivider of any major subdivision shall comply with the requirements for a preliminary plat and the requirements for a final plat. The owner and subdivider of a minor subdivision or an auditor's plat may elect to omit the submission of a preliminary plat.

(Code of Iowa, Sec. 354.6)

 

6-7-18 REQUIREMENTS OF PRELIMINARY PLAT. The subdivider shall prepare and file with the City Clerk four (4) copies of a preliminary plat of adequate scale and size showing the following:

 

1. Title, scale, north point and date.

2. Subdivision boundary lines, showing dimensions, bearing angles, and references to section, townships and range lines or corners.

3. Present and proposed streets, alleys and sidewalks, with their right-of-way, in or adjoining the subdivision, including dedicated widths, approximate gradients, types and widths of surfaces, curbs, and planting strips, and location of street lights.

4. Proposed layout of lots, showing numbers, dimensions, radii, chords and the square foot areas of lots that are not rectangular.

5. Building setback or front yard lines.

6. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes.

7. Present and proposed easements, showing locations, widths, purposes and limitation.

8. Present and proposed utility systems, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities, and other facilities, with the size, capacity, invert elevation and location of each.

9. Proposed name of the subdivision which shall not duplicate or resemble existing subdivision names in the county.

10. Names and addresses of the owner, subdivider, builder, and engineer, surveyor or architect who prepared the preliminary plat, and the engineer, surveyor or architect who will prepare the final plat.

11. Existing and proposed zoning of the proposed subdivision and adjoining property.

12. A general summary description of any protective covenants or private restrictions to be incorporated in the final plat.

13. Contours at vertical intervals of not more than two (2) feet if the general slope of the site is less than ten (10) percent and at vertical intervals of not more than five (5) feet if the general slope is ten (10) percent or greater, unless the City Council waives this requirement.

6-7-19 REFERRAL OF PRELIMINARY PLAT. The City Clerk shall forthwith refer two (2) copies of the preliminary plat to the designated City Engineer and five (5) copies to the governing body.

 

6-7-20 ACTION BY THE DESIGNATED CITY ENGINEER. The designated City Engineer shall carefully examine said preliminary plat as to its compliance with Section 354.8 of the Code of Iowa and the laws and regulations of the City of Middletown, Iowa, the existing street system, and good engineering practices, and shall, as soon as possible, submit the designated City engineer's findings in duplicate to the governing body together with one (1) copy of the plat received.

(Code of Iowa, Sec. 354.8)

 

6-7-21 ACTION BY THE GOVERNING BODY. The governing body shall, upon receiving the report of the City Engineer, as soon as possible, but not more than thirty (30) days thereafter, consider said report, negotiate with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, and pass upon the preliminary plat as originally submitted or modified. If the governing body does not act within thirty (30) days, the preliminary plat shall be deemed to be approved, provided, however, that the subdivider may agree to an extension of the time for a period not to exceed an additional sixty (60) days. It shall then set forth its recommendations in writing, whether of approval, modification or disapproval.

 

1. In the event that substantial changes or modifications are made by the governing body or disapproval of the plat, it shall give its reasons therefor and it may request and cause the revised preliminary plat to be resubmitted in the same manner as the original plat.

2. If approved, the governing body shall express its approval as "Conditional Approval" and state the conditions of such approval, if any.

3. The action of the governing body shall be noted on two (2) copies of the preliminary plat, referenced and attached to any conditions determined. One (1) copy shall be returned to the subdivider and the other copy retained by the governing body.

4. The "Conditional Approval" by the governing body shall not constitute final acceptance of the addition or subdivision by the City but an authorization to proceed with preparation of the final plat.

6-7-22 FINAL PLAT. The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations.

 

6-7-23 REFERRAL FINAL PLAT. The subdivider shall, within twelve (12) months of the "Conditional Approval" of the preliminary plat by the governing body prepare and file four (4) copies of the final plat and other required documents with the City Clerk as hereafter set forth, and upon the subdivider's failure to do so within the time specified, the "Conditional Approval" of the preliminary plat shall be null and void unless an extension of times is applied for and granted by the governing body. Upon receipt of the final plat and other required documents, the City Clerk shall transmit five (5) copies of the final plat to the governing body for its recommendations and approval.

 

Except for a final plat for a minor subdivision or an auditor's plat as set forth herein, no final plat shall be considered by the governing body until and unless a preliminary plat for the area included in the proposed final plat has been approved and has not expired and become void as set forth above.

 

At its discretion the governing body may refer the final plat to the designated City Engineer pursuant to the procedure established in 6-7-18.

 

6-7-24 REQUIREMENTS OF THE FINAL PLAT. The final plat shall conform to the requirements of Chapter 355, Code of Iowa, and shall be clearly and legibly drawn to a scale of not more than one hundred (100) feet to one (1) inch with permanent ink on a reproducible tracing material. It shall show:

(Code of Iowa, Sec. 354.8 and 355.8)

 

1. The title under which the subdivision is to be recorded.

2. The linear dimensions in feet and decimals of a foot of the subdivision boundary, lot lines, streets and alleys. These should be exact and complete to include all distances, radii, arc, chords, points of tangency and central angles.

3. Street names and clear designations of public alleys. Streets that are continuations of present streets should bear the same name. If new names are needed, they should be distinctive. Street names may be required to conform to the City Plan.

4. Location, type, materials, and size of all monuments and markers including all U.S., county or other official bench marks.

5. The signature and acknowledgement of the subdivision land owner and the subdivision land owner's spouse.

6. A sealed certification of the accuracy of the plat and that the plat conforms to Section 354.8 of the Code of Iowa by the professional engineer or land surveyor who drew the final plat.

6-7-25 FINAL PLAT ATTACHMENTS. The final plat shall have the following attached to it:

 

1. A correct description of the subdivision land.

(Code of Iowa, Sec. 354.6(2))

2. A certificate by the owner and the owner's spouse, if any, that the subdivision is with the free consent, and is in accordance with the desire of the owner and spouse. This certificate must be signed and acknowledged by the owner and spouse before some officer authorized to take the acknowledgements of deeds.

(Code of Iowa, Sec. 354.11(1))

 

3. A complete abstract of title and an Attorney's opinion showing that the fee title to the subdivision land is in the owner's name and that the land is free from encumbrances other than those secured by an encumbrance bond.

(Code of Iowa, Sec. 354.11(2))

4. A certificate from the County Treasurer that the subdivision land is free from taxes.

5. A certificate from the Clerk of District Court that the subdivision land is free from all judgments, attachments, mechanics or other liens of record in the Clerk's office.

6. A certificate from the County Recorder that the title in fee is in the owner's name and that it is free from encumbrances other than those secured by an encumbrance bond.

(Code of Iowa, Sec. 354.11(2))

7. A certificate of dedication of streets and other public property.

(Code of Iowa, Sec. 354.11(1))

8. A statement of restrictions of all types that run with the land and become covenants in the deeds of lots.

9. Resolution and certificate for approval by the governing body and for signatures of the Mayor and Clerk.

(Code of Iowa, Sec. 354.11(4))

10. Profiles, typical cross sections, and specifications of street improvements and utility systems, to show the location, size and grade. These should be shown on a fifty (50) foot horizontal scale and a five (5) foot vertical scale with west or south at the left.

11. A certificate by the City Clerk or similar official that all required improvements and installations have been completed, or that a performance bond guaranteeing completion has been approved by the City Attorney and filed with the City Clerk, or that the governing body has agreed that the City will provide the necessary improvements and installations and assess the costs against the subdivider or future property owners in the subdivision.

12. The encumbrance bond, if any, as specified in Sections 354.11 and 354.12, Code of Iowa.

(Code of Iowa, Sec. 354.11(2) and 354.12)

6-7-26 ACTION BY THE GOVERNING BODY. Upon receipt of the plat, but not more than sixty (60) days following submission of the final plat to the Clerk as stated in 6-7-23 the governing body shall either approve or disapprove the final plat.

(Code of Iowa, Sec. 354.8)

 

    1. In the event that said plat is disapproved by the Governing Body, such disapproval shall be expressed in writing and shall point out wherein said proposed plat is objectionable.

 

2. In the event that said plat is found to be acceptable and in accordance with this Ordinance, the governing body shall accept the same.

3. The passage of a resolution by the governing body accepting the plat shall constitute final approval of the platting of the area shown on the final plat, but the subdivider or owner shall cause such plat to be recorded in the office of the County Recorder of Des Moines, County, Iowa, and shall file satisfactory evidence of such recording before the City shall recognize the plat as being in full force and effect.

OTHER PROVISIONS

 

6-7-27 VARIANCES. Where in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirement of this Ordinance would result in extraordinary hardship to the subdivider, because of unusual topography or other conditions, the governing body may vary, modify or waive the requirements so that substantial justice may be done and the public interest secure. Provided, however, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this Ordinance. Such variances and waivers may be granted only by the affirmative vote of three-fourths (3/4) of the members of the Governing Body.

 

6-7-28 CHAIN SUBDIVIDING. No more than two building permits for each separate tract existing at the effective date of this Ordinance shall be issued unless the tract has been platted in accordance with this Ordinance; except that this provision shall not limit the number of building permits that may be issued for accessory buildings as defined by the (choose one)-(zoning or restricted residence district) Ordinance or additions or improvements to a main or accessory building already legally located upon said tract.

 

6-7-29 CHANGES AND AMENDMENTS. Any regulations or provisions of this regulation maybe changes and amended from time to time by the Council, provided, however, such changes or amendments shall not become effective until after a public hearing has been held, public notice of which shall have been published at least once, not less four (4) or more than twenty (20) days before the date of the building.

 

 

6-7-30 EXTRATERRITORIAL REVIEW AGREEMENT.

 

The City may negotiate an extraterritorial review agreement between the City of Middletown and the Cities of Danville and Middletown for the standards and conditions applied by the City for review and approval of a subdivision as provided in Section 354.9 of the Code of Iowa.

 

Procedures for certifying approval of subdivisions in the extraterritorial area of the City shall be the same as those established for other subdivisions with the City unless waived by the Governing Body.

(Code of Iowa, Sec. 354.8 and 354.9)

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 8 SIDEWALK REGULATIONS

 

 

6-8-1 Purpose

6-8-2 Definitions

6-8-3 Cleaning Snow, Ice, and Accumulations

6-8-4 Maintenance Responsibility

6-8-5 Liability of Abutting Owner

6-8-6 Ordering Sidewalk Improvements

6-8-7 Repairing Defective Sidewalks

6-8-8 Notice of Inability to Repair or Barricade

6-8-9 Standard Sidewalk Specifications

6-8-10 Permits for Construction or Removal

6-8-11 Failure to Obtain Permit; Remedies

6-8-12 Inspection and Approval

6-8-13 Barricades and Warning Lights

6-8-14 Interference with Sidewalk Improvements

6-8-15 Awnings

6-8-16 Encroaching Steps

6-8-17 Openings and Enclosures

6-8-18 Fires and Fuel on Sidewalks

6-8-19 Defacing

6-8-20 Debris on Sidewalks

6-8-21 Special Assessments for Construction and Repair

6-8-22 Notice of Assessment for Repair or Cleaning Costs

6-8-23 Hearing and Assessment

6-8-24 Billing and Certifying to County

 

 

6-8-1 PURPOSE. The purpose of this chapter is to improve and maintain sidewalks in a safe condition, to require owners of abutting property to maintain, repair, replace, construct or reconstruct sidewalks.

 

6-8-2 DEFINITIONS. As used in this chapter, the following terms have these meanings:

 

1. Broom Finish. A sidewalk finish that is made by sweeping the sidewalk when it is hardening.

2. Defective Sidewalk. Any public sidewalk exhibiting one or more of the following characteristics:

a. vertical separations equal to three-fourths (3/4) inch or more.

b. horizontal separations equal to three-fourths (3/4) inch or more.

c. holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in diameter.

d. spalling over fifty (50) percent of the surface of a single square of the sidewalk with one or more depressions equal to one-half (1/2) inch or more.

e. spalling over less than fifty (50) percent of a single square of the sidewalk with one or more depressions equal to three-fourths (3/4) inch or more.

f. a single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot.

g. a sidewalk with any part thereof missing to the full depth.

h. a change from design or construction grade equal to or greater than three-fourths (3/4) inch per foot.

3. Established Grade. The grade established by the City for the particular area in which a sidewalk is to be constructed.

4. One-course Construction. The full thickness of the concrete is placed at one time, using the same mixture throughout.

5. Owner. The person owning the fee title or the contract purchaser for purposes of notification required herein. For all other purposes, "owner" shall include the lessee, or person in possession.

6. Portland Cement. Any type of cement except bituminous cement.

7. Sidewalk. All permanent public walks in business residential or suburban areas.

8. Sidewalk Improvements. The construction, reconstruction, repair, replacement, or removal of a public sidewalk or the excavating, filling, or depositing of material in the public right-of-way in connection therewith.

6-8-3 CLEANING SNOW, ICE, AND ACCUMULATIONS. It shall be the duty of the owner to keep sidewalks abutting the owner's property clear of the natural accumulations of snow or ice. If the owner fails to do so within twenty four (24) hours after deposit of accumulation, the Mayor may have the natural accumulations of snow or ice removed without notice to the property owner. The Mayor shall give the Council an itemized and verified statement of the removal costs and a legal description of the property at the next regular Council meeting. The costs shall be reviewed by the Council, and if found correct, shall be assessed against the property as taxes. The City Clerk shall be directed to certify the costs to the County Auditor for collection as provided in Section 364.12 of the Code of Iowa.

(Code of Iowa, Sec. 364.12(2b) and (2e))

 

6-8-4 MAINTENANCE RESPONSIBILITY. The abutting property owner or owners shall be responsible for the repair, replacement or reconstruction of all broken or defective sidewalks to a safe condition and to maintain in a safe condition all sidewalks in the abutting street right-of-way.

(Code of Iowa, Sec. 364.12(2c))

 

6-8-5 LIABILITY OF ABUTTING OWNER. As provided in Section 364.14, Code of Iowa, in the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of them by this Ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the City may notify in writing the said abutting owner that it claims the injury was caused by their negligence and/or their failure to repair the defect or eliminate the condition complained of. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the person notified is liable to it for any judgment rendered against the City, and asking the person to appear and defend.

 

A judgment obtained in the suit is conclusive in any action by the City against any person so notified, as to the existence of the defect or condition or other cause of the injury or damage, as to the liability of the City to the plaintiff in the first named action, and as to the amount of the damage or injury. The City may maintain an action against the person notified to recover the amount of the judgment together with all the expenses incurred by the City in the suit.

(Code of Iowa, Sec. 364.14)

 

6-8-6 ORDERING SIDEWALK IMPROVEMENTS. The City Council may order the construction, reconstruction, repair, or replacement of permanent sidewalks upon any street or court. Notice of this order shall be sent to the owner by certified mail. The notice shall include the fact that the owner may request a hearing by the Council within fifteen (15) days or receipt of the notice. Unless the owners of a majority of the linear feet of the property fronting on the improvement petition the Council therefore, new permanent sidewalks shall not be required unless three-fourths (3/4) of all the members of the Council, by resolution, order the making thereof, all in accordance with state law for special assessments.

(Code of Iowa, Sec. 384.38)

 

6-8-7 REPAIRING DEFECTIVE SIDEWALKS. It shall be the duty of the abutting property owner at any time, or upon receipt of thirty (30) days' notice from the City, to repair, replace, or reconstruct all broken or defective sidewalks in the abutting street right-of-way. If, after the expiration of the thirty (30) days as provided in the notice, the required work has not been done or is not in the process of completion, the Mayor shall order the work to proceed to repair, replace, or reconstruct the sidewalk. Upon completion of the work, the Mayor shall submit to the Council an itemized and verified statement of expenditures for material and labor, and the legal description of the property abutting the sidewalk on which work has been performed. These costs shall be assessed to the property as taxes. The City Clerk shall be directed to certify the costs to the County Treasurer for collection as provided in Section 364.12 of the Code of Iowa.

(Code of Iowa, Sec. 364.12(e))

 

6-8-8 NOTICE OF INABILITY TO REPAIR OR BARRICADE. It shall be the duty of the owner of the property abutting the sidewalk, or of the contractor or agent of the owner, to notify the City immediately in the event the owner is unable to make necessary sidewalk improvements or to install or erect warnings and barricades as required by this chapter.

 

6-8-9 STANDARD SIDEWALK SPECIFICATIONS. Sidewalks constructed, repaired, or replaced under the provisions of this chapter shall be of the following construction and meet the following standards:

 

1. Portland cement concrete shall be the only material used in the construction and repair of sidewalks unless otherwise authorized by the City Council.

2. Sidewalks shall be on one-course construction.

3. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a four (4) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the City Designee.

4. The sidewalk bed shall be graded to the established grade.

5. New residential sidewalks shall be at least four (4) feet wide and four (4) inches thick, and each section shall be no more than four (4) feet in length. In the central business district, sidewalks shall extend from the property line to the curb unless the Council shall establish a different distance due to the circumstances. Each section shall be four (4) inches thick and no more than six (6) feet in length and width. All driveway areas shall not be less than six (6) inches in thickness with 3,000 lb. Mix. Thickness may be four (4) inches with the use of rebar at two (2) foot centers and 4,000 lb. mix.

6. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) on the property line, unless the Council shall establish a different distance due to the circumstances.

7. All elevations of sidewalks are to be established by the City Council with assistance from the City Designee on a case-by-case basis.

8. All sidewalks shall slope at least one-quarter (1/4) inch per foot toward the curb, but in no event more than one-half (1/2) inch per foot toward the curb.

9. All sidewalks shall have a steel trowel finish followed by a "broom" finish.

10. Ramps for the disabled. There shall not be less than two (2) curb cuts or ramps per lineal block which shall be located on or near the cross-walks at intersections. Each curb cut or ramp shall be at last thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except that a slope no greater than one inch of rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise by so constructed as to allow reasonable access to the crosswalk for physically disabled persons using the sidewalk.

(Code of Iowa, Sec. 216C.9)

11. All sidewalk improvements on public property, whether performed by the owner of the abutting property or by the City, shall be performed under the supervision and inspection of the City Designee, and in accordance with the standard sidewalk specifications set forth in this chapter.

6-8-10 PERMITS FOR CONSTRUCTION OR REMOVAL. No person shall make any sidewalk improvements unless such person shall obtain a permit from the City Clerk. The permit shall state that the person will comply with the Ordinances of the City and with the specifications for sidewalks adopted by the City. The permit also shall state that the work will be done under the direction and approval of the City Designee. All such permits shall be issued without charge and a copy thereof, with the application, shall be filed and preserved in the office of the City Clerk. The permit shall state when the work is to be commenced and when the work is to be completed. The time of completion for the sidewalk improvements may be extended by the City Council. All permits for sidewalk improvements not ordered by resolution of the City Council shall be issued in compliance with this chapter. The City Council may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or when weather conditions will adversely affect the sidewalk improvements.

 

6-8-11 FAILURE TO OBTAIN PERMIT; REMEDIES. Whenever any sidewalk improvements are made that do not conform to the provisions of this chapter and with the specifications, or when any sidewalk improvements are made without a permit, the Mayor shall serve notice to obtain a permit upon the property owner and upon the contractor doing the work. If the sidewalk is in the course of construction, the notice shall order the work to stop until a permit is obtained and the work is corrected to comply with the specifications. If the sidewalk work has been completed, the owner shall obtain a permit immediately and perform any needed corrections within five (5) days from receipt of the permit. If the owner fails to comply with this notice, the Mayor shall have the work completed and the costs assessed to the property owner as provided in this chapter.

 

6-8-12 INSPECTION AND APPROVAL. Upon final completion, the City Designee shall inspect the work and may order corrections if the work does not meet specifications. When the work does meet all requirements of this chapter, the specifications, and the permit, the City Designee shall indicate this on both copies of the permit.

 

6-8-13 BARRICADES AND WARNING LIGHTS. Proper warning lights and barricades shall be placed to protect persons from materials, equipment, and dangerous conditions. Placement and maintenance of adequate warnings is the responsibility of the constructor, the owner, and the lessee of the property.

 

6-8-14 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while it is in the process of being improved, or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar, or deface any sidewalk at any time or destroy, mar, remove, or deface any notice or warning device provided by this chapter.

 

 

 

 

6-8-15 AWNINGS. It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least seven (7) feet above the surface of the streets or sidewalk and the roof or covering is made of such, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

 

6-8-16 ENCROACHING STEPS. It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the Council.

 

6-8-17 OPENINGS AND ENCLOSURES. It is unlawful for a person to:

 

    1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.
    2. Openings. Keep any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.
    3. Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.

 

6-8-18 FIRES AND FUEL ON SIDEWALKS. It is unlawful for a person to make a fire of any kind or to place or allow any fuel to remain upon any sidewalk.

 

6-8-19 DEFACING. It is unlawful for a person to scatter or place any paste, paint or writing on any surface.

(Code of Iowa, Sec. 716.1)

 

6-8-20 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle.

(Code of Iowa, Sec. 364.12(2))

 

6-8-21 SPECIAL ASSESSMENTS FOR CONSTRUCTION AND REPAIR. The City Council may assess the cost of initial construction, improvements, and/or repair of sidewalks in the City according to the special assessment procedures established in Chapter 384, division IV, Code of Iowa.

(Code of Iowa, Sec. 384.38)

 

6-8-22 NOTICE OF ASSESSMENT FOR REPAIR OR CLEANING COSTS. When the Mayor submits a bill for sidewalk improvements or for removal of accumulations as provided in this chapter, the City Clerk shall send a notice of such facts to the owner of the abutting property. The notice may be given either by personal service or by certified mail to the last known address of the owner. The notice shall contain a statement of the work performed, the cost of the work that is being assessed, a description of the property affected, and the fact that the person may pay the amount assessed within thirty (30) days without interest or penalty. The notice also shall indicate that the person may object to such assessment and given the place and time at which Council will hear such objections. The time set for hearing shall be at least fifteen (15) days after the service or mailing of the notice.

(Code of Iowa, Sec. 384.50)

 

6-8-23 HEARING AND ASSESSMENT. At the time and place designed in the Notice, the Council shall consider all objections to the assessment, correct all errors or omissions, and adopt a corrected list as the amounts to be assessed against the property.

(Code of Iowa, Sec. 384.51)

 

6-8-24 BILLING AND CERTIFYING TO COUNTY. Thirty (30) days after the Council's decision, the City Clerk shall certify any unpaid amounts to the County Treasurer. The unpaid assessments shall constitute a lien against the property and shall be collected by the County Treasurer in the same manner as other taxes. Any assessment that exceeds $100 may be paid in installments as set by Council, not exceeding ten, in the same manner and at the same interest rates as for special assessments under Chapter 384, division IV, Code of Iowa. No interest shall be charged for assessments, or parts thereof, paid within thirty (30) days of the time the Council determined the final amounts.

(Code of Iowa, Sec. 384.60)

 

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 9 RESERVED

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 10 RESTRICTED RESIDENCE DISTRICT

 

 

6-10-1 Purpose

6-10-2 Definitions

6-10-3 District Described

6-10-4 Buildings Permitted

6-10-5 Rules and Regulations

6-10-6 Set Back

6-10-7 Buildings Requiring Special Permits to Locate Within Restricted Districts

6-10-8 Special Permits

6-10-9 Protest

6-10-10 Fees

6-10-11 Action to Abate

6-10-12 Certifying Ordinance

 

6-10-1 PURPOSE. The purpose of this Ordinance is for the establishment of a restricted residence district in the City of Middletown, Iowa, and to provide reasonable rules and regulations for the erection, reconstruction, altering, and repairing of buildings of all kinds, and to provide that there shall be no use in such district except for residences, schoolhouses, churches, and other similar structures, except when a permit is granted in accordance with this Ordinance.

(Code of Iowa, Sec. 414.1 and 414.24)

 

6-10-2 DEFINITIONS. For use in this Ordinance, the following terms are defined:

 

1. "Residence" is a building used exclusively for a dwelling. No business or occupation shall be conducted therein or in conjunction therewith whereby sales or services are made in a manner that the public served enters upon the residential property. The following are excepted: a beauty shop, conducted solely by the occupant and one person not resident on the property; music or art teacher, a rooming or boarding house with no more than two guests; and for which uses no external or internal alterations of the structure are made and no more than one sign indicating said occupation shall be displayed (but the sign may be double faced) nor shall the sign have a single face area of over one square foot.

2. "School" is a building used for educational purposes, public or private, that is regulated by the state department of public instruction as to curriculum.

3. "Garage" is a structure for sheltering motor vehicles or household equipment and/or effects.

4. "Residential accessory use" is a building or structure customarily used in conjunction with a dwelling, namely a garage with a capacity of not more than three cars or more than one garage per apartment building nor more than one stall per dwelling unit, a tool or "summer" house not exceeding 100 square feet floor area, or a private swimming pool properly fenced and screened. Any other building on residential property shall not be deemed a residential accessory use if not incidental to a residential purpose, nor if it is used in conjunction with or for the business of selling goods or rendering services.

5. "Church", or "church school" is a building used for public worship, or connected with a building so used, for instruction in religious beliefs, or for the conduct of activities related to church affairs.

6-10-3 DISTRICT DESCRIBED. The following restricted residence district is hereby designated and established.

 

6-10-4 BUILDINGS PERMITTED. No buildings or other structures, except residences, schoolhouses, churches, and other similar structures shall be hereafter erected, reconstructed, altered, repaired, or occupied within said district without first securing from the City Council a permit therefore.

 

6-10-5 RULES AND REGULATIONS. As permitted under Section 414.24 of the Code of Iowa, there are hereby adopted the following rules and regulations for the erection, reconstruction, altering, and repairing of buildings of all kinds within restricted districts established by this Ordinance for the use and occupancy of such buildings, and for the granting of permits to erect, reconstruct, alter, or repair any structure other than a residence, residential accessory use, school, church, or church school within said districts.

 

6-10-6 SET BACK. No residential building or residential accessory use building shall be erected hereafter on a lot closer to the street property line on which it fronts than the set back of the nearest adjacent existing building except that no new construction shall be made closer than twenty feet, nor shall any construction be required to be built with its front further than thirty (30) feet from said front line. All buildings to be used for residential purposes shall be placed on lots of no less than 10,000 square feet.

 

No residence or other building exempted from permit shall be located in the restricted district closer than six (6) feet to the side lot lines, and no accessory building closer than six (6) feet to said side lot lines, and overhangs shall not extend closer than six (6) feet from any lot line, regardless of the compliance of the main foundation with this set back rule. However, any residence, other building, or accessory building currently located closer than six (6) feet to the side lot lines, may be extended or altered in conformance with its existing side lot set back lines. In no case may the residence, other building, or accessory building be located closer to the side lot line than it is currently located. Any other building granted a permit by council shall be placed at least as far from side lot lines as the residential, school, and church related buildings. All set backs shall be measured from the main foundation line.

 

6-10-7 BUILDINGS REQUIRING SPECIAL PERMITS TO LOCATE WITHIN RESTRICTED DISTRICTS. Construction of clinics, offices, hospitals, utility buildings and substations, any type of commercial stores and warehouses, plant nurseries, farm buildings, and industrial buildings and structures may be authorized by special permit to locate within the restricted residential district only if it appears that said use and the type of building will be compatible with the residential character of the district, and if the particular use could not practicably be built in an unrestricted area, or if the restricted district boundaries cannot be amended logically, considering topography, access to railroad or highway or other proper reason acceptable to the council. Further, the construction and/or placement of a building or structure that would otherwise be violative of Section 6-10-6 may be authorized by special permit if it appears that such deviation from the lot size and/or set back requirements of that section would alleviate a substantial hardship for the permit applicant, be compatible with the character of the neighborhood and not create a substantial hardship for neighboring property owners.

 

6-10-8 SPECIAL PERMITS. A written special permit shall be required for the erection, reconstruction, alteration, or repair of any building and for its occupancy and use within the restricted residential district of this City except for buildings for residences, residential accessory use, schools, churches, and church schools. Further, a written special permit shall be required to authorize the construction and/or placement of any building or structure contrary to the requirements of Section 6-10-6. Any such permit shall be applied for in writing, accompanied by plans and specifications sufficient to determine compliance with applicable Ordinances of the City and/or the extent to which proposed construction deviates from the requirements of Section 6-10-6. Said application shall be made to the City Clerk at least seven (7) days before the council meeting at which council action is taken. No permit shall or will be granted until notice of the application has been posted at least four (4) days prior to the meeting at which final action is taken to grant or deny the permit.

 

6-10-9 PROTEST. No permit shall be granted when sixty (60) percent of the resident real estate owners in said district within six hundred (600) feet of the proposed building and occupancy object thereto, except by a three-fourths (3/4) vote of all the members of the council.

 

6-10-10 FEES. There shall be no fee required for a permit under this Ordinance.

 

6-10-11 ACTION TO ABATE. Any building or structure erected, reconstructed, altered, or repaired in violation of the provisions of this Ordinance shall be deemed unlawful and a nuisance and it shall be abated by action in the district court. Such action for abatement shall be prosecuted in the name of the municipality.

 

6-10-12 CERTIFYING ORDINANCE. Within fifteen (15) days after this Ordinance becomes effective the Clerk shall prepare or have prepared a plat of the restricted residence district as established by this Ordinance and certify such Ordinance and plat to the County Recorder.

(Code of Iowa, Sec. 380.11)

 

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 11 NUMBERING OF BUILDINGS

 

 

6-11-1 Buildings to be Numbered

6-11-2 Numbering System

6-11-3 Mandatory Numbering

6-11-4 Type of Numbers, Size

6-11-5 Enforcement

 

6-11-1 BUILDINGS TO BE NUMBERED. All buildings now or hereafter erected within the City limits shall be assigned numbers and the owners notified of the assigned number. The owners shall cause the numbers to be placed and maintained on their property.

 

6-11-2 NUMBERING SYSTEM. Numbers shall be assigned in accordance with the system developed by the City Council. The system consists of three-digit numbering. The even numbers shall be on the west and north sides of all streets and the odd numbers shall be on the east and south sides of all streets, unless designated differently in the 911 numbering system.

 

6-11-3 MANDATORY NUMBERING. The placing of numbers is mandatory effective __________ .

 

6-11-4 TYPE OF NUMBERS, SIZE. The numbers shall be conspicuously displayed on the portion of the building or premise which faces the street. All numbers shall be of durable substance, clearly legible and the numerals shall be not less than four inches in height.

 

6-11-5 ENFORCEMENT. If numbers meeting the requirements of this ordinance have not been placed on each building, the City shall cause individual notice to be given to the owner of buildings not numbered, requiring compliance within a reasonable time set in the notice, and if not completed by such time, the City shall cause proper numbers to be installed and the reasonable cost of the installation billed to such owner.

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 12 DANGEROUS BUILDINGS

 

 

6-12-1 Enforcement

6-12-2 General Definition of Unsafe

6-12-3 Unsafe Building

6-12-4 Notice to Owner

      1. Conduct of Hearing
      2. Posting of Signs
      3. Right to Demolish
      4. Costs

 

      1. ENFORCEMENT. The Council shall be responsible for the enforcement of this Chapter.

 

6-12-2 GENERAL DEFINITION OF UNSAFE. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are, for the purpose of this chapter, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this chapter.

(Code of Iowa, Sec. 657A.1 & 364.12(3a))

 

6-12-3 UNSAFE BUILDING. "Unsafe building" means any structure or mobile home meeting any or all of the following criteria:

 

    1. Various Inadequacies. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
    2. Manifestly Unsafe. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
    3. Inadequate Maintenance. Whenever a building or structure, used or intended to be used for a dwelling purposes, because if dilapidation, decay, damage, faulty construction, or otherwise, is determined by any health officer to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease.
    4. Fire Hazard. Whenever any building or structure, because of dilapidated condition, deterioration, damage, or other cause, is determined by the Fire Marshal or Fire Chief to be a fire hazard.
    5. Abandoned. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

 

6-12-4 NOTICE TO OWNER. The Council shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this chapter, the Council shall give to the owner of such building or structure written notice stating the defects thereof. This notice may require the owner or person in charge of the building or premises, within forty-eight (48) hours or such reasonable time as the circumstances require, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within ninety (90) days from the date of notice, unless otherwise stipulated by the Council. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the Council.

(Code of Iowa, Sec. 364.12(3h))

 

    1. Notice Served. Such notice shall be served by sending by Certified Mail to owner of record, according to Section 364.12 (3h) of the Code of Iowa, if the owner is found within the City limits. If the owner is not found within the City limits such service may be made upon the owner by registered mail or certified mail. The designated period within which said owner or person in charge is required to comply with the order of the Council shall begin as of the date the owner receives such notice.
    2. Hearing. Such notice shall also advise the owner that he or she may request a hearing before the Council on the notice by filing a written request for hearing within the time provided in the notice.

 

6-12-5 CONDUCT OF HEARING. If requested, the Council shall conduct a hearing in accordance with the following:

 

    1. Notice. The owner shall be served with written notice specifying the date, time and place of hearing.
    2. Owner’s Rights. At the hearing, the owner may appear and show cause why the alleged nuisance shall not be abated.
    3. Determination. The Council shall make and record findings of fact and may issue such order as it deems appropriate.

 

6-12-6 POSTING OF SIGNS. The enforcement officer shall cause to be posted at each entrance to such building a notice to read: "DO NOT ENTER. UNSAFE TO OCCUPY. CITY OF MIDDLETOWN, IOWA." Such notice shall remain posted until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the Council and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

 

6-12-7 RIGHT TO DEMOLISH. In case the owner, fails, neglects, or refuses to comply with the notice to repair, rehabilitate, or to demolish and remove the building or structure or portion thereof, the Council may order the owner of the building prosecuted as a violator of the provisions of this chapter and proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the Council.

 

6-12-8 COSTS. Costs incurred under Section 6-12-7 shall be paid out of the City treasury. Such costs shall be charged to the owner of the premises involved and levied as a special assessment against the land on which the building or structure is located, and shall be certified to the County Treasurer for collection in the manner provided for other taxes.

(Code of Iowa, Sec 364.12(3h))

 

 

 

EDITOR’S NOTE

 

Suggested forms of notice and of a resolution and order of the Council for the administration of this chapter are provided in the Appendix of this Code of Ordinances.

 

Caution is urged in the use of this procedure. We recommend you review the situation with and follow the recommendations of your attorney before initiating procedures.

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 13 RENTAL CODE

 

 

6-13-1 Title

6-13-2 Purpose

6-13-3 Scope of Provisions

6-13-4 Definitions

6-13-5 Rental Permit Required

6-13-6 Permit Application

6-13-7 Inspection

6-13-8 Fees

6-13-9 Records

6-13-10 Liability

6-13-11 Minimum Standards for Rental Units

6-13-12 Order to Correct, Repair, and Comply

6-13-13 Failure to Correct, Repair, and Comply

6-13-14 Emergency Orders

6-13-15 Special Penalty

6-13-1 TITLE. This chapter shall be known and designates as the City of Middletown Rental Code, hereinafter referred to the "Rental Code."

 

6-13-2 PURPOSE. It is declared that the purpose of the Rental Code is to protect and promote the health, safety, and welfare of those persons renting residential property as well as the general public. This will be accomplished by establishing reasonable minimum requirements for rental property within the city limits.

 

6-13-3 SCOPE OF PROVISIONS. The provisions of this chapter shall apply to all residential rental property within the city limits, used or intended to be used for human occupancy.

 

6-13-4 DEFINITIONS. For use in this chapter, the following terms are defined:

 

1. Acceptable or approved. The substantial compliance with the provisions of this chapter.

2. Accessory structure. A detached structure which is not used or intended to be used for living or sleeping by human occupants.

3. Basement. A story having a part but not more than one-half (1/2) of its height below grade, which may or may not be considered habitable space.

4. Cellar. A story having more than one-half (1/2) of its height below grade. Cellar means a space below the first or main floor used, or intended to be used, for storage or a location for heating equipment, and shall not be considered habitable space.

5. Condominium. A dwelling unit which is in compliance or conformance with the requirements of Chapter 499B of the Code of Iowa.

6. Cooperative. A dwelling unit which is in compliance or conformance with the requirements of Chapter 499A of the Code of Iowa.

7. Council. The City Council, City of Middletown, Iowa.

8. Duplex. Any habitable structure containing two (2) single dwelling units. The classification shall be determined by the existence of two (2) separate dwelling units as defined in this section and shall not be based upon the identity of the occupants.

9. Dwelling. Any building, structure, mobile or manufactured home, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto.

10. Dwelling unit. Any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals.

11. Egress. An arrangement of exit routes to provide a means of exit from buildings and/or premises.

12. Extermination. The control and elimination of insects, rodents, or other pests by eliminating their harboring places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination method approved by the Inspector.

13. Garbage. Animal or vegetable waste resulting from the handling, preparation, cooking, or consumption of food and also means combustible waste material. Garbage also includes paper, rags, cartons, boxes, wood, excelsior, rubber, ether, and other combustible materials.

14. Habitable rooms. A room or enclosed floor space within a dwelling unit used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, toilet rooms, pantries, laundries, foyers, communicating corridors, closets, storage spaces, stairways, and cellars.

15. Infestation. The presence within or around a dwelling of any insects, rodents, or other pests in such quantities as would be considered unsanitary.

16. Inspector. The official or officials of the City, appointed by the Council, who administer the provisions of the rental code, together with such officials, duly authorized representative and/or agent.

17. Kitchen. A habitable room used or intended to be used for cooking or the preparation of meals.

16. Kitchen sink. A basin for washing utensils used for cooking, eating, and drinking, located in a kitchen and connected to both hot and cold water lines and properly connected to a drainage system.

19. Lavatory. A hand washing basin which is connected to both hot and cold water lines and properly connected to a drainage system which is separate and distinct from a kitchen sink.

20. Living room. A habitable room within a dwelling unit which is used or intended to be used primarily for general living purposes.

21. Mobile home. Any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed, or reconstructed as will permit the vehicle to be used as a place for human habitation by one (1) or more persons.

22. Multiple dwelling. Any dwelling containing three (3) or more dwelling units.

23. Occupants. Any person, including owner or operator, living in, sleeping in, and/or cooking in, or having actual possession of a dwelling unit.

24. Owner. Any person who has custody and/or control of any dwelling or dwelling unit by virtue of a contractual interest in or legal or equitable title to the dwelling or dwelling unit. Owner also means any person who has custody and/or control of any dwelling or dwelling unit as a guardian.

25. Person. Any individual, firm, corporation, association, partnership, trust, or estate.

26. Placard. A display document showing that the unit for which it is issued has been determined to be unfit for human habitation.

27. Plumbing. Means and includes any and all of the following supplied facilities and equipment: water pipes, garbage disposal units, waste pipes, toilets, sinks, lavatories, bathtubs, shower baths, water heating devices, catch basins, drains, vents, and any other similar supplied fixtures together with all connections to water and sewer.

28. Privacy. The existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons.

29. Rental permit. A document issued annually which grants the owner the option of letting a unit for rental purposes and showing that the unit for which it is issued was in compliance with the applicable provisions of this chapter at the time of the issuance.

30. Temporary housing. Any tent, trailer, motor home, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to other structure, or to any utility system on the same premises for more than thirty (30) days.

31. Toilet. A water closet with a bowl and trap made in one piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl and which is equipped with a flushing rim or flushing rims.

6-13-5 RENTAL PERMIT REQUIRED. It shall be a violation of this chapter for any person to let to another for rent and/or occupancy any dwelling unit, duplex, multiple dwelling, or mobile/manufactured home unless the owner holds a valid rental permit for each such dwelling unit, duplex, multiple dwelling, or mobile/manufactured home. A rental permit shall be a document indicating said dwelling unit complied with the requirements of this chapter at the time of issuance. It shall be valid for one year. The permit shall state the date of issuance, expiration date, and the address of the dwelling unit to which it is applicable. It shall be transferable from one owner to another at any time prior to its expiration, termination, or revocation. The owner shall inform the City Clerk within thirty (30) days of any conveyance or transfer of an interest affecting the property and provide the name and address of all persons who have acquired an interest therein, plus documentation to verify said conveyance.

 

6-13-6 PERMIT APPLICATION. The owner shall file an application for a rental permit with the Clerk on a form provided by the Clerk. Applications for existing units shall be filed within thirty (30) days of the effective date of the ordinance codified by this chapter. Thereafter, all applications for new units shall be filed and a rental permit obtained before being let for rent or occupancy. The owner or operator shall, within thirty (30) days of application, schedule and allow an inspection of the unit or units by the Inspector. Failure to do so will result in the denial of or revocation of a rental permit.

 

6-13-7 INSPECTION. The Inspector is authorized to administer and enforce the provisions of this chapter and to make inspections to determine the conditions of all residential rental properties within the City. This will enable him to perform his duty of safeguarding the health, safety, and welfare of said occupants and the general public. Inspection of rental units shall be conducted through a program of regular rental inspections. Said inspections shall be conducted annually.

 

6-13-8 FEES. A fee for each rental permit application shall be paid to the Clerk. In addition, a fee shall be paid to the Clerk for the annual renewal of each rental permit. The amount of the fees to be assessed shall be set by resolution of the Council.

 

6-13-9 RECORDS. The City Designee shall keep, or cause to be kept, a complete daily record of all permits issued, inspections made, fees collected, applications received, or other official work performed. At the close of each month, the City Designee shall make, or cause to have made, a summary report compiled from these records to the Council.

 

6-13-10 LIABILITY. The Inspector or any employee charged with the enforcement of this rental code, acting in good faith and without malice for the City in the discharge of their duties, shall not thereby render themselves liable personally are hereby relieved from all personal liability for any damages that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of duties. Any suit brought against the inspector or employee, because of such act or omission performed by them in the enforcement of any provisions of this rental code, shall be defended by the City.

 

6-13-11 MINIMUM STANDARDS FOR RENTAL UNITS.

 

1. Every dwelling unit shall have a kitchen room or kitchenette equipped with a working and functioning kitchen sink, containing space capable of properly accommodating a refrigerator and a stove or range with proper access terminals to utilities necessary to operate a refrigerator and a stove or range, and shall include adequate space for the storage and preparation of food.

2. Every dwelling unit shall contain a working and functioning toilet.

3. Every dwelling unit shall contain a working and functioning bathtub or shower.

4. Every dwelling unit shall contain a working and functioning lavatory basin within or adjacent to the room containing the toilet.

5. Every dwelling unit shall be served by a properly working and functioning water heater. Said water heater shall be capable of heating water to such a temperature so as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin in the dwelling unit.

6. Every kitchen sink, toilet, lavatory basin, and bathtub or shower shall be properly connected to the City water and sewer systems.

7. Every dwelling unit shall have access directly to the outside or to a public corridor.

8. Every dwelling unit shall have at least one (1) operable window or exterior door approved for emergency egress or rescue, in addition to the main outside access door. Said windows or exterior door shall be operable from the inside to provide a full, clear opening without the use of separate tools.

9. Every dwelling shall have heating facilities which are properly installed and are capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms located therein, to a temperature of at least 68 degrees Fahrenheit.

10. Every habitable room shall contain at least two (2) separate floor or wall type electrical double convenience outlets which shall be situated a distance apart equivalent to at least twenty-five percent (25%) of the perimeter of the room. Every such outlet and fixture shall be properly and safely installed. Every habitable room, toilet room, laundry room, furnace room, basement, and cellar shall contain at least one (1) supplied ceiling or wall type electric light fixture or switch outlet. Every such outlet and fixture shall be properly and safely installed. Temporary wiring or extension cords shall not be used as permanent wiring.

11. In the case of a mobile/manufactured home, the home shall be securely anchored by a tie-down device which distributes and transfers the load posed by the unit to appropriate ground anchors so as to resist wind overturning and sliding; also must be fitted with skirting for safety reasons.

12. Each rental dwelling unit shall have a 2� pound type "ABC" fire extinguisher, which is approved by the Inspector. Fire extinguishers shall be properly hung in an area of easy access.

13. All dwelling units shall be provided with properly working smoke detectors as approved by the Inspector. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Smoke detectors hereafter installed in areas where sleeping rooms are on an upper level shall be located above the stairway. All detectors shall be located according to the manufacturer's directions. Care shall be exercised to ensure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm for the dwelling unit.

14. Every foundation, roof, floor, wall, ceiling, stair, step, elevator, handrail, guardrail, porch, sidewalk, and appurtenances thereto shall be maintained in safe and sound condition and shall be capable of supporting the loads that normal use may cause to be placed thereon. Every door, door hinge, door latch, and lock shall be maintained in good and functional condition and every door, when closed, shall fit reasonably well within its frame. Every window, existing storm window, window screen, window latch, window lock, and other aperture covering, including its hardware, shall be maintained in good and functional condition and shall fit reasonably well within its frame. Every interior partition, wall, floor, ceiling, and other interior surface shall be maintained so as to permit it to be kept in clean and sanitary condition and where appropriate shall be capable of affording privacy.

15. All eaves, down spouts, and other roof drainage equipment on the premises shall be maintained in a good state of repair and installed so as to direct rainwater away from the structure.

16. Every chimney and every supplied smoke pipe shall be adequately supported, reasonably clean, and maintained in a reasonably good state of repair.

17. Every means of egress shall be maintained in good condition and shall be free of obstruction at all times.

18. The electrical system of every dwelling or accessory structure shall not by reason of overloading, dilapidation, lack of insulation, improper fusing, or for any other cause expose the occupants to hazards of electrical shock or fire, and every electrical outlet, switch, and fixture shall be maintained in good and safe working condition. The owner or operator shall supply properly sized fuses or equivalent at the beginning of each tenant's occupancy. Ground Fault Interrupted Circuit (GFIC) shall be installed next to sinks, lavatories, bathtubs, or showers.

19. Every supplied plumbing fixture and water and waste pipe shall be maintained in good and sanitary working condition.

20. Whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonably rodent-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner.

21. No owner shall permit occupancy of the vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.

22. Every owner of a dwelling shall supply adequate facilities for the disposal of garbage which are weathertight, watertight, rodent proof, and insect proof.

6-13-12 ORDER TO CORRECT, REPAIR, AND COMPLY.

 

1. Whenever the Inspector determines that the premises has one (1) or more violations of this chapter, the Inspector shall give the owner or operator written notice explaining each and every violation.

2. The owner has thirty (30) days to repair, correct, and comply with the requirements of this chapter.

3. The owner may appeal the decision of the Inspector to the Council. The appeal must be filed with the Clerk within ten (10) days of the owner's receiving the Inspector's notice.

4. The Council shall consider the appeal within fifteen (15) days after receiving the notice of appeal. The owner may be present and offer evidence. The Council, by a majority vote, may affirm the Inspector's finding, grant additional time to comply, or grant a variance in the application of this chapter.

5. If a variance is granted, the Council must make specific findings of fact based upon the entire record before the Council that:

a. There are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order;

b. Due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case;

c. An extension would not constitute and appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and

d. Such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety, and general welfare.

6. Failure to comply with the notice to repair, correct, and comply will result in a revocation or denial of the rental permit. Such failure will also result in an order to vacate the premises.

6-13-13 FAILURE TO CORRECT, REPAIR, AND COMPLY.

    1. Whenever an owner fails to comply with the Inspector’s order to correct, repair, and comply, the Inspector shall deny or revoke the rental permit for the unit involved and order the premises vacated. This denial order shall be personally served upon the owner and tenant or mailed to them by certified mail, restricted delivery order shall be effective thirty (30) days after receipt of the notice by the owner and tenant.
    2. The owner may appeal the revocation or denial of the rental permit to the Council. The sole issue on appeal is whether the order to repair, correct, and comply has been complied with. Notice of appeal must be filed with the Clerk within seven (7) days of receipt of the notice to vacate the premises.
    3. Said appeal shall be heard within fifteen (15) days by the Council. The owner may be present to offer evidence. The Council, by a majority vote, may either affirm the Inspector’s orders or authorize a rental permit or renewal of said permit to be issued, based upon a finding that the order to repair, correct, and comply has been satisfied.

6-13-14 EMERGENCY ORDERS. Whenever the Inspector in the enforcement of this rental code finds in or about a dwelling conditions that pose an immediate and serious threat to the health, welfare, or safety of the occupants or the general public, the Inspector shall give to the owner and occupants of the premises a written order to vacate. This order shall be served personally upon the owner and tenant or by certified mail, restricted delivery, with return receipt requested to the owner and tenant. This notice shall explain each and every violation of the Rental Code that exists.

    1. The owner may appeal this order to the Council. Written notice of appeal must be filed with the Clerk within seven (7) days of the service of the order. The sole issue on appeal will be whether or not the violation of the Rental Code exists. The notice to the owner and tenant shall advise them of this right to appeal.
    2. The Council shall consider the appeal within fifteen (15) days after receiving the notice of appeal. The owner may be present and offer evidence. The Council, by a majority vote, may affirm the Inspector’s finding or reverse the finding that a violation of this rental code exists.

 

3. The Inspector shall also post upon the dwelling a placard designating the dwelling has been determined unfit for human habitation by the Inspector. No dwelling which has been placarded shall be again used for human habitation until written approval is secured from, and such placard is removed by, the Inspector. The Inspector shall remove such placard whenever the violation upon which the placarding act was based has been eliminated.

6-13-15 SPECIAL PENALTY. Any violation of or failure to comply with the provisions of this chapter shall be considered a simple misdemeanor and each day in which any such violation or failure to comply continues shall be deemed a separate offense.

 

 

TITLE VI PHYSICAL ENVIRONMENT

 

CHAPTER 14 BUILDING AND USE PERMITS

 

 

6-14-1 Use Permits

6-14-2 Building Permits

6-14-3 Application

6-14-4 Approval of Application

6-14-5 Issuance of Permit

6-14-6 Enforcement

6-14-7 Home Occupation Exception

 

6-14-1 USE PERMITS. No person shall, within the City, use any building or land for any use which was not in existence as of July 9, 1984, or not permitted by 6-14-7 of this Code of Ordinances, without first obtaining a use permit in accordance with the provisions and procedures set forth in the chapter. All issued use permits must contain conditions sufficient to prevent a public nuisance.

 

6-14-2 BUILDING PERMITS. No person shall begin the construction of any building within the City without first obtaining a building permit in accordance with the provisions and procedures set forth in this chapter. In addition, no person shall, within the City, erect, construct, alter, or commence the erection, construction, or alteration of any type of building that would change the present footprint of the building without first obtaining a building permit in accordance with the provisions and procedures set forth in this Chapter. It shall not be necessary to obtain a building permit for work that is purely interior or exterior cosmetic alteration or repair.

 

6-14-3 APPLICATION. An application for a building permit or use permit shall be made to the Clerk accompanied by a permit fee as set forth from time to time by the Council. Each application for a building permit shall be accompanied by a compete set of plans and specifications for the proposed construction or alteration. Each application for a use permit shall also be accompanied by a written set of plans, signed by the applicant, outlining the use for which the application has been made. The area of construction or alteration shall be staked with appropriate markings so that the City’s designee may observe the area of construction or alteration shall be reviewed by the City’s designee, who will make a recommendation to the Council concerning the application. The building as well as use permit application shall include such information as the Council requires from time to time in order for the Council to approve or deny each application for permit under this Chapter.

 

6-14-4 APPROVAL OF APPLICATION. All applications for a building permit or use permit under this section shall be referred by the Clerk to the Council. After examination of the application and such other documentation which the Council requires be submitted, the Council shall decide whether the permit applied for shall be granted or denied. Such decision of the Council on a use permit shall be by a simple majority of the Council membership present and voting. Such decision of the Council on a building permit shall be by a simple majority of the Council membership present and voting. Approval of a building permit application shall be made by the Council only if, from the information submitted to the Council, the materials and design of the proposed project conform to good engineering and construction practices as determined by the Council. In addition, no building permit application shall be granted which shall cause the building to intrude closer to the street property line on which it fronts than the setback of the nearest adjacent existing building, except that no new construction shall be made closer than twelve (12) feet nor shall any construction be required to be built further than thirty (30) feet from said front line. Additionally, said building shall not intrude closer than six (6) feet from the side boundaries of the parcel or group of parcels of property upon which said building is located. No accessory building shall intrude closer than six (6) feet from the side boundaries of the parcel or group of parcels of property upon which said building is located. For the purpose of this section, an accessory building is defined as a building or structure customarily used in conjunction with a dwelling, namely a garage with a capacity of not more than three (3) cars, a tool or "summer" house not exceeding four hundred (400) square feet floor area, or a private swimming pool properly fenced and screened. Any other building if it is used in conjunction with or for the business of selling goods or rendering services. Additionally, overhangs on buildings shall not intrude within six (6) feet of any lot line regardless of the compliance of the main foundation with the setbacks established herein. Approval of a use permit by the Council shall be made only if the use applied for will not be detrimental to the surrounding property and residence.

 

6-14-5 ISSUANCE OF PERMIT. If the application is approved by the Council, the Clerk shall issue the requested permit. A copy of the permit shall be posted in a conspicuous place on the premises during the existence of the work or use authorized thereby.

 

6-14-6 ENFORCEMENT. It is the duty of the Mayor to enforce the provisions of this chapter, but any and all of the powers and duties conferred on the Mayor by the chapter may be delegated or transferred to any other officer or employee of the City.

 

6-14-7 HOME OCCUPATION EXCEPTION. The provisions of this chapter do not apply to a "home occupation." The term "home occupation" means any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory building by a member of a family residing on the premises in connection with which there is not advertising other than an identification sign of not more than one square foot in area and no other display or storage or materials or exterior identification of such home occupation or variation from the residential character of the main building or accessory building and in connection with which not more than one person, outside the family, is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat, or glare.

 

 

These ordinances may not be the most current version of the code. Please contact City Hall at 120 Mechanic Street to be certain of the ordinance in place